If it was an honest mistake they wouldn't be avoiding his calls though ----- Original Message ----- From: "Haggerty, Mike" <[EMAIL PROTECTED]> To: "CF-Community" <[EMAIL PROTECTED]> Sent: Friday, July 25, 2003 11:04 AM Subject: RE: Bad Checks and renters
> Tim - > > I realize the bad check probably puts you in a bad position financially. > The thing you want to make sure you do is follow the process, and avoid > 'overreacting' to the situation, if that is possible. You will have to > go to some effort to fix this, but you already know that. Your strategy > should be to minimize the amount of effort you need to go through to > resolve this issue. In the worst case, you will need to have the person > evicted to find another renter, and that can be a long process. > > Sending a certified letter is a great start, I would do that today and > use an express service that registers when the item has been delivered. > I would cc the state's attorney's office. Try to avoid be > confrontational, it is possible this person just made an honest mistake > and may want to make up for it somehow. > > It would be in your interests to contact a real estate attorney in NC. > You can probably save money in the long run by having someone explain > your responsibilities under the law. They may know of a more expedited > way to make things happen. > > Let me know if you want me to proofread a letter, or if you just want to > talk about all this. > > M > > -----Original Message----- > From: Heald, Tim [mailto:[EMAIL PROTECTED] > Sent: Friday, July 25, 2003 9:58 AM > To: CF-Community > Subject: RE: Bad Checks and renters > > > We have a lease, I need to give it a real good read over the weekend. > The DA wants me to send a certified letter demanding payment before > anything else so they can begin criminal proceedings. I really don't > want to have to evict her, as I can't afford the mortgage without a > tenet, and I really don't want to sell the place. This is the other > reason that I would prefer to figure this out peacefully, I can't afford > lawyers and all this crap. I mean we are pretty much broke (the bad > check put us at a negative balance). If I take money out of my other > accounts I have a huge penalty (tax and early withdrawal). So basically > I'm screwed. > > Timothy Heald > Information Systems Specialist > Overseas Security Advisory Council > U.S. Department of State > 571.345.2235 > > > -----Original Message----- > From: Jeffry Houser [mailto:[EMAIL PROTECTED] > Sent: Friday, July 25, 2003 9:55 AM > To: CF-Community > Subject: Re: Bad Checks and renters > > > : grumbles: Welcome to my world. I played Property Manager on my > sisters > condo for two or three years (or so). I had to evict 3 roommates during > > that time; one was a drunk who caused significant damage to the place. > Two > days before I leave out of state for a wedding he comes home drunk > without > keys and decides to break in; smashing the back glass sliding door and > almost kicking in the front door. > > Enough of my trip down memory lane... > You need a lawyer. Evict her. I'm not sure about the legalities of > North Carolina, so you'll want to get a lawyer located there. I'm not > sure > where you are located in relation to North Carolina, but.. > > I hope you have a lease. The process in Connecticut is that you have > to > send a notice to quit (some legal body, usually a Sheriff) delivers > that. That is a document that says "Get out now." > Then after some period of time (10-15 days?) you can send another > legal > document (I forget the name) which says the same thing as the first. > Then > if they still aren't out you can sue them to retake the premises. This > will usually go into some form of arbitration; whereas they'll agree to > get > out by a certain date. > > If they still aren't out you can have the sheriff come with movers and > > remove them and their stuff. > > The one time I went through the full process it cost me (or my sister, > > rather) around $3000 and took just under 3 months. I have a good friend > > who is a lawyer who does this stuff, so he did it as a favor to me. > Lawyer > fees are probably 1hour for notice to quit, 1 hour for the next "legal > doc", and 4-8 hours for the court day. > > To do this stuff remotely, you'll probably have to assign right of > attorney for that specific property over to a lawyer (or family member > or > trusted colleague in the area). You'll need to be there for the > arbitration, and probably the "Sheriff and Movers" eviction. > > On the other note, if they get out after the original notice to quit > the > whole process will take less than a month and only a few hundred > dollars. If you have a lease (written by a lawyer), the tenant probably > > waived their right to a notice to quit. However, the lawyer will > probably > recommend sending one anyway, because if they leave after that it is > significantly more cost effective. > > > > At 09:06 AM 7/25/2003 -0500, you wrote: > > > > > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Archives: http://www.houseoffusion.com/cf_lists/index.cfm?forumid=5 Subscription: http://www.houseoffusion.com/cf_lists/index.cfm?method=subscribe&forumid=5 Get the mailserver that powers this list at http://www.coolfusion.com Unsubscribe: http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=89.70.5
