Now I need legal advice . . .

tangman99

Active Member
There has to be some landlords here that can help me out. I became a landlord our of kindness and I'm about ready to kill someone now. Here is my story. Sorry if a little long.
Four years ago I sold a mobile home I owned to a family member (cousin). I know when you see "mobile home" and "cousin" in the same sentence it appears it might get interesting. I assure you it does not. :D
Anyway, I allowed her to keep in on the land I own with a written agreement that she would move it in 2 years (anyone catch that "four years ago earlier?") In the agreement, it says she pays me $10 a month so it is looks like I am getting something which was suggested to me when I agreed to let her do this. I have never charged her rent and never gave her a hard time about still being there. I'm not using the land so it is not a big deal.
All that I ask of her to do is reimburse me $75.00 a year that the county charges as an assessment that is for the home. She has always done this but it has always taken many phone calls and a couple of months to get paid. This year she has bounced 2 checks that she wrote me and now won't return my phone calls. So I'm quite livid right now and ready rip some arse, but she pregnant with her 4th child so I have to be somewhat cool. Damn, that redneck stuff just keeps popping up.
So, I have two bounced checks, and she still owes me $150.00 plus my penalty for the checks bouncing and she is still on my property. It is just the fact now that I feel like I am being taken advantange of and not appreciated. It's not the money really.
She claims that her and her husband have bought a house and have sold the mobile home and it should be moved in about a month. I think she is just putting me off until it is gone (if it is in fact sold as I've heard this story before) and then stiff me.
So, what should I do? Any suggestions? I don't really want to come across to harsh being she is family.
Thanks for any advice.
 

salty cheese

Active Member
I'm not a lawyer but it sounds like a case for small claims court. As far as the mobile home goes I would assume it would be the same thing as if someone left a car on your property, have it towed and the owner gets stuck with the bill. JMO
 

92protruck

Member
well...you got a few options here including the ultimate, an eviction case. But what about just sending the "bad check" letter for now. You can find it online in the Statutes(is this in Florida?). It must go certified mail and gives the debtor 30 days to make the checks good plus bank charges. If they don't make the checks good and don't leave and you end up having to file something in court, now you get triple the amount plus the amount of the check, attorney's fees, bank charges, etc. Without doing the letter you can not sue for a bad check. So, it gives you some additional remedies plus puts a little (not much) pressure on the debtor to address the problem as they now know you have talked to a lawyer and are taking the matter seriously. You can combine the civil letter and the criminal letter which adds a paragraph that you can turn it into a criminal matter if they don't pay within 7 days(in Florida). You've done something to move on the matter short term and preserved all of your options. What ya think?
 

tangman99

Active Member
92ProTruck,
Sounds interesting and yes this is in Florida. I may do the letter thing. I'm going to give her a day or two to try and contact me first. I do want to be a little firm without seeming like I'm being an arse. I'll go check out the letter and see what happens. That may be the best action.
If you send the letter certified and they refuse to sign for the letter, does that count in the 30 days? I can see her doing that.
Thanks. Any other advice welcome also.
 

scotts

Active Member
Sorry, have to say this but have you written Jeff Foxworthy to see what he suggests?

I don't know about the legal stuff but at least from the outside looking in, not matter what you do to collect any money you are going to be called the biggest A-hole there is. I don't know how the politics of your family are, but just be prepared for that. Personally I think that most of the straight thinking people in your family will believe your side of it. But like I said I personally think she will talk behind your back about how unfair you are. I also think that they are not going to be moving in the near future, since they are living rent free. But that is my peronal opinion and I may not know the whole story. Sorry if I made any unfair accusations.
Scott
 

92protruck

Member
If the letter comes back to you marked "unclaimed" or "refused" that counts as a valid delivery in court and you have satisfied the condition precedent to bringing suit on a bad check (of course if you have to bring a lawsuit it will include more than just the bad checks).
 
Check out your local Magistrate Court. In Georgia, that is who handles evicitions. Rules differ from state to state, so the local office would be the place for you answers.
However, I would suggest that you get the ball rolling.
I have 22 rental properties and have heard a book full of stories.
"I'm moving next month" is one that I ahve heard a few times, normally when I threaten to evict for non payment. At that point they will neither pay rent or move until the sherrif deliver the paper.
Family or not, file the papers with the court house (currently $67 here) and in a week or so, you'll be amazed at how quickly they can find the time to call you.
Also, don't feel like a jerk for doing it to a pregnant woman with her 4th child, She and her husband did this. Pretty crappy to do that to family.
Every body (them included) understand that you cant stay if you don't pay

Throw the bums out, you'll sleep better...and one less Christmas card to send.
 

mbowker

Member
you said she is a family member, she will be gone after the mobile home is sold. Is it worth court and all the aggravation the comes with it. For 150 dollars id just say, forgetit and chalk it up to experience.
Git ur dun
 

mbowker

Member
You wont know anything about it. It will be to late for you.
We have personalities too. I watch blue collar TV, its only a profession
 

tony detroit

Active Member

Originally posted by MBowker
You wont know anything about it. It will be to late for you.
We have personalities too. I watch blue collar TV, its only a profession

Hey, don't take that the wrong way, I respect everybody's occupation. I was trying for some laughs.
 

tangman99

Active Member
I actually took care of the check today. I went to the bank that she uses and had them look at her account and see if the check was good today. It was, so they cashed it right then and gave me cash money so that should be end of that.
Well, my dad sent me an email tonight saying she dropped off a money order for me at his house for the amount plus my service fee. Now she is probably going to bounce more checks because I collected on mine today. I had spoken with her mom Monday night who was supposed to tell her to call me, her husband was going to get her to call me Tuesday and I left a message on her answering machine to call me Wednesday before the end of the day. I never received a call so I let her bank take care of it. Jeez, all she had to do was call. :notsure:
Why do people do things like this. It just leaves me scratching my head.
MBoker,
I agree to a point. It's just gotten rediculous lately and I've heard that it was sold and they were moving at least a dozen time over the last 3 years. They are family and that is why I've let them stay. I have no immediate plans for the land and by living there, they do keep it mowed so some good does come from it.
 

pit

Member
sorry reply is delayed. i dont know if i missed it but did you report the incident to local police dept? it is civil in nature and nothing police can offer you beside a report. if the situation gets ugly and you eventually go to court that police report will come in handy! just a thought , i deal with this kind of stuff at work all the time. Police involvement sometimes gets both side moving in the same directions too!
 

tangman99

Active Member

Originally posted by pit
sorry reply is delayed. i dont know if i missed it but did you report the incident to local police dept? it is civil in nature and nothing police can offer you beside a report. if the situation gets ugly and you eventually go to court that police report will come in handy! just a thought , i deal with this kind of stuff at work all the time. Police involvement sometimes gets both side moving in the same directions too!

No, never considered the police and I don't think I would need to involve them at this point. If it gets to the point where I need to serve some papers, then I will involve them and move it into the court system. I have my money now and that is what I was wanting all along. I will follow up on them moving in a few weeks. I have to get through tax season first.
 
S

skysmom

Guest

Originally posted by TangMan99
..... I have to get through tax season first.

Tax season.....
:nervous: :eek:
:notsure:
 
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