Legal advise

[AnniePokely]

Ok, so in April of 2004 i had a customer who had us drive to OKC to meet her to drop off her finished vehicle. I wasn't able to go, but told the guys under NO circumstances leave the vehicle with her unless it was paid in full.I did NOT trust this person at all. Once they got there, her daughter met them and told them her mother had an emergency, and would drive down to pay me the following day. Of course they left it, and she never showed up to pay.

She's a landlord (slumlord) to several crappy apartment complexes in OKC, and also owns a crappy complex here in Clinton.


Anyway.. i take her to court. In court she tells every lie she can make up, and tells the judge what a crappy job we did on her vehicle. Judge asks if the vehicle is there, the dumba&^ says yes, and the judge goes out to look at it. It looks perfect, of course. Judge rules in my favor and i get my 3 grand plus.


Fast forward to yesterday. The apartment manager of her slum complex here shows up with a paper that she says Maria wants me to sign. Apparently she is applying for some loan, and this judgement is showing up and keeping her from getting the loan. The paper is a "release and satisfaction of judgement" and it has a header that reads "In the District Court, Second Judicial District Custer County, Oklahoma." It has me listed as the plaintiff, her as the defendant, and the case number. It looks fake. There's no stamp, court clerk signature, nothing.

It says:

The plaintiff does hereby acknowledge receipt from (defendant) Maria **** the amount due upon the judgement in said case, on the ____day of ________ _________. The sum received was accepted for full payment and satisfaction of said judgement with interest and costs and all attorney fee's, liens, ad claims in said case.


There is no dollar amount on this, and when she paid me by MO, she was actually six dollars short.


My question is...do i have to sign this paper? I really don't want to. For one, it looks bogus to me. Not something a court would issue. Second, i don't think i owe her jack crap. She did this to herself, let her deal with it on her own. She put me through total hell for several months. Yea, i forgive her...but not enough to sign her paper...*LOL*

[BourbonPoke]

Don't sign a thing unless you are court ordered. Screw her. It's her fault for all of this like you said. If it is a legal document, get a # to call to verify the authenticity of it. It sounds fake though IMO.

[AnniePokely]

That's how i see it as well.

[Pokit N]

I work for a lender so I can understand why the judgement issue is comming up. More than likely she just wants to take this piece of paper into the bank/lender and say "See I'm square with that person." I'm no lawyer, but I wouldn't sign anything without at least talking to my lawyer first.

[CowboyJD]

No requirement for you to sign it. Furthermore, she hasn't satsified the judgment yet as she was $6 short. What's more, she hasn't paid you post judgment interest either.

I'd call the guy and say I'd sign it, but it would cost a $100 document handling fee paid in advance. :D

[AnniePokely]

The manager just showed up to pick up the form. I told her that if Maria wanted it signed, she'd have to come here IN PERSON and ask me to sign it. That i would not be doing so through a third party.


Once she drives here from OKC, i'll tell her to her face to take a flying leap-i'm not signing anything for her. If you want to get technical about it, the judges order reads:

"Plaintiff to receive $3422.24 with interest of 5.01% from 7-21-04 and court costs of $251.00. It is further ordered by the court, with agreement of both parties, defendant to pay in full within 30 days."


Like i said, her original money order was short the above amount. I agree with Bill... we don't owe her squat. She screwed us over time and time again.

[JimBob]

Don't sign anything and tell her to go take a big flying suck!

[jakeman]

Well, I'm not a lawyer, but; screw her. She can figure it out on her own. If the court says you gotta sign it, tell them the judgement has not been satisified.Sounds to me like she is due what she is about to receive.

[Chief-Poke]

I feel an emergency coming on when she shows up at your business.

[harrijh]

My guess would be that if the lender wants the loan bad enough, they will pay it off in full at closing, then just tack it on to the loan amount. If not, I wouldn't sign a thing and cloud her title until she finally does take care of it.

[legelegel]

I'm not sure what she still owes you, but I would tell her you will sign the release of judgment after she pays you in full and be done with her.

[BleedingOrange]

Tell her you will sign the paper as soon as she pays you the $20,384.93 :eek:that she owes.

I know, you want to know how I got that number. It simple. You charge $25 per quarter for Late Payment fee, on the $6. You also charge 240% interest compounded quarterly on the unpaid balance. For the 3 years that this has been going on, that totals $20,384.93.

***Note*** 240%APR is the maximum allowed under Oklahoma law. More than that is considered Loan Sharking.:cool:

[BigBadBen]

Tell her you will sign the paper as soon as she pays you the $20,384.93 :eek:that she owes.

I know, you want to know how I got that number. It simple. You charge $25 per quarter for Late Payment fee, on the $6. You also charge 240% interest compounded quarterly on the unpaid balance. For the 3 years that this has been going on, that totals $20,384.93.

***Note*** 240%APR is the maximum allowed under Oklahoma law. More than that is considered Loan Sharking.:cool:


Send her a bill!!!

I would tell her to pucker up. If she wants you to sign it, take you to court!

[Pokit N]

Tell her you will sign the paper as soon as she pays you the $20,384.93 :eek:that she owes.

I know, you want to know how I got that number. It simple. You charge $25 per quarter for Late Payment fee, on the $6. You also charge 240% interest compounded quarterly on the unpaid balance. For the 3 years that this has been going on, that totals $20,384.93.

***Note*** 240%APR is the maximum allowed under Oklahoma law. More than that is considered Loan Sharking.:cool:

Wow you even researched the Usery laws in OK. Excellent post!

[WyomingOSUAlum]

Tell her you will sign the paper as soon as she pays you the $20,384.93 :eek:that she owes.

I know, you want to know how I got that number. It simple. You charge $25 per quarter for Late Payment fee, on the $6. You also charge 240% interest compounded quarterly on the unpaid balance. For the 3 years that this has been going on, that totals $20,384.93.

***Note*** 240%APR is the maximum allowed under Oklahoma law. More than that is considered Loan Sharking.:cool:




Patton: "Rommel, you magnificent bastard!"


:D

[AnniePokely]

I just noticed "advise"


:confused:

[SeaOfOrange]

I just noticed "advise"


:confused:

I was going to let it slide because you were a pissed off woman. That's like poking a bear. You just don't do it.

[JimBob]

I was going to let it slide because you were a pissed off woman. That's like poking a bear. You just don't do it.

Is it ok for a purty bear?:p

[SeaOfOrange]

Is it ok for a purty bear?:p

Absolutely. She's a purty bear. But, a bear to say the least. Bears can rip your arms off and beat you with it. Then they eat the arm for an appetizer.

[AnniePokely]

So this apartment manager pal of hers just called me and informed me if i didn't sign the papers, they would be taking legal action against me.


It's on now.

[bleedorange]

(ding, ding)

[AnniePokely]

So, i just talked to the Country clerk, who told me this lady has been nothing but a NIGHTMARE to deal with. Says she has faxed papers to them, to tell ME, that if i don't sign it, they're taking legal action. Court clerks words were "monster."

So, here's the deal. I need help figuring out what she was supposed to owe me, and what she DOES owe me. I don't get what the court was saying.

She was ordered to pay me:

3122.24
court costs of 251.00
Interest of 5.01% starting on July 21st, 2004.

Her check is DATED 08/02/04 and is in the amount of $3366.24

So what is the interest on? The judgement? Or the judgement with the court cost? And did the interest stop on the day i rec'd the check?

[bleedorange]

So, i just talked to the Country clerk, who told me this lady has been nothing but a NIGHTMARE to deal with.

When in doubt, consult your friendly Country clerk. ;)

[AnniePokely]

*L*

I meant court clerk


doofus

[GoPokes82sMom]

So this apartment manager pal of hers just called me and informed me if i didn't sign the papers, they would be taking legal action against me.


It's on now.

You go, Girl. Does the lady you had to sue not know how to contact you herself, or is she scared?

[AnniePokely]

She's a loser. No way she'd contact me herself.

[BourbonPoke]

Nail her butt to the wall Michelle. What a slime ball.

[WyomingOSUAlum]

Or you could just call the manager back. Have them bring the paper back over. Act like you're signing it, but instead of writing your name, you write your favorite vulgarity instead! Think they will notice ????




:D

[bleedorange]

So, i just talked to the Country clerk, who told me this lady has been nothing but a NIGHTMARE to deal with. Says she has faxed papers to them, to tell ME, that if i don't sign it, they're taking legal action. Court clerks words were "monster."

So, here's the deal. I need help figuring out what she was supposed to owe me, and what she DOES owe me. I don't get what the court was saying.

She was ordered to pay me:

3122.24
court costs of 251.00
Interest of 5.01% starting on July 21st, 2004.

Her check is DATED 08/02/04 and is in the amount of $3366.24

So what is the interest on? The judgement? Or the judgement with the court cost? And did the interest stop on the day i rec'd the check?

The interest from 7/21/04 - 8/02/04 = $5.09 ($3373.24 x 5.01% / 365 x 11 days)
Amount owed on 08/02/04 = $3378.33 (3122.24 + 251.00 + 5.09)
Amount payed on 08/02/04 = $3366.24
Balance Owed as of 08/02/04 = $12.09

Amount Owed if Balance carried 08/02/04 to 08/02/08 @ 5.01% APR = $14.70


Get a personal apology and a hand delivered $20 bill, call it good, and forget the hag.

[bigbadbob]

So, i just talked to the Country clerk, who told me this lady has been nothing but a NIGHTMARE to deal with. Says she has faxed papers to them, to tell ME, that if i don't sign it, they're taking legal action. Court clerks words were "monster."

So, here's the deal. I need help figuring out what she was supposed to owe me, and what she DOES owe me. I don't get what the court was saying.

She was ordered to pay me:

3122.24
court costs of 251.00
Interest of 5.01% starting on July 21st, 2004.

Her check is DATED 08/02/04 and is in the amount of $3366.24

So what is the interest on? The judgement? Or the judgement with the court cost? And did the interest stop on the day i rec'd the check?

The interest is on both the court costs and the original amount and it is per annum. If she paid you on 8/2/04 she would have owed approximately $3,378.38 on that day. Because she didn't pay you the amount in full, the balance as of today would about $14.31 after interest and you are receiving about $.0017 per day in interest.

My personal advice is to demand the $14.31 and when she pays, sign off on the form and let it go. After she pays the $14.31 I would be careful not to interfere with her business dealings by gunking up her credit...I know it sucks, but she paid you about what you were owed and she made it right.

Think how pissed you would be if a credit card you forgot to pay wrongfully refused to report to the credit agency that you had cleaned up the account.

You may also be in violation of the Fair Debt Credit Protection Act or some other consumer statute by not signing the release if she pays her 14.31. I am certainly not even close to an expert on this kind of law, but I could see where a creative lawyer could make a claim.

p.s. think of the extra time not sigining the form is costing you for something that happened 3.5 years ago...thats got to be worth something more than the 14.31, and the principle of the matter...

[AnniePokely]

I wasn't sure if you included the court costs as well.


Yea, anyway, i probably would have ended up signing it, had she not threatened me. I don't DO corners. Never have

[bigbadbob]

It looks like we were figuring it out about the same time. Only slightly minor difference is your payment is contemplated 8/2/08 mine is as of today.

Did you people not take College Algebra?

[AnniePokely]

Reading comprehension.

I didn't know if you included the court costs as well.