Personally, I'd be more interested in filing a lien than criminal charges.
-Kevin > -----Original Message----- > From: Heald, Tim [mailto:[EMAIL PROTECTED] > Sent: Friday, July 25, 2003 10:47 AM > To: CF-Community > Subject: RE: Bad Checks and renters > > > I would normally agree, but this isn't the first problem we > have had with her. See I was stupid, I rented to a "friend". > Then when she couldn't give us the deposit right away I > agreed to wait until he got her deposit back from her > apartment, well she didn't get it back because they had to > get a new carpet from her cigarette burns. Well she never > contacted us about the deposit, and we had gone through this > certified letter deal with her back then. I thought it was > all worked out then. I even told her, hey, you run into > trouble, no problem, just let me know ahead of time so I can > try and plan for it some. She was the same way about contact > back then as well. I would leave messages for her all over > the place, and email her, and no response. > > I forgive easily though. If she can make up the money and > the charges I don't want to kick her out, but if she doesn't > contact me I will press criminal charges. I mean if she is > willing to own up to it, kewl, I respect responsibility, but > this is insane. > > Timothy Heald > Information Systems Specialist > Overseas Security Advisory Council > U.S. Department of State > 571.345.2235 > > > -----Original Message----- > From: Haggerty, Mike [mailto:[EMAIL PROTECTED] > Sent: Friday, July 25, 2003 11:43 AM > To: CF-Community > Subject: RE: Bad Checks and renters > > > People have weird reasons for what they do. It could be that > they made a mistake, found out about it, and are ashamed to > say so. It could also be that, once they see the State's > Attorney's name at the bottom of a certified letter, they are > going to send the money to Tim immediately. We don't really > know what is going on here. > > My outlook, and I could be completely wrong here, is to look > for the good in people until there is nothing left to look > for. I find it tends to have better outcomes. > > M > > -----Original Message----- > From: William Wheatley [mailto:[EMAIL PROTECTED] > Sent: Friday, July 25, 2003 11:37 AM > To: CF-Community > Subject: Re: Bad Checks and renters > > > 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 Signup for the Fusion Authority news alert and keep up with the latest news in ColdFusion and related topics. http://www.fusionauthority.com/signup.cfm Unsubscribe: http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=89.70.5
