Stopped Check
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Stopped Check (by Vogol [MD]) May 29, 2018 9:39 PM
       Stopped Check (by Laura [MD]) May 30, 2018 2:44 AM
       Stopped Check (by myob [GA]) May 30, 2018 3:29 AM
       Stopped Check (by Tony [NJ]) May 30, 2018 3:42 AM
       Stopped Check (by Ken [NY]) May 30, 2018 4:53 AM
       Stopped Check (by myob [GA]) May 30, 2018 6:31 AM
       Stopped Check (by Robert,OntarioCanada [ON]) May 30, 2018 6:56 AM
       Stopped Check (by Vogol [MD]) May 30, 2018 7:09 AM
       Stopped Check (by Vogol [MD]) May 30, 2018 7:09 AM
       Stopped Check (by Vogol [MD]) May 30, 2018 7:12 AM
       Stopped Check (by Vee [OH]) May 30, 2018 7:51 AM
       Stopped Check (by Tony [NJ]) May 30, 2018 7:55 AM
       Stopped Check (by myob [GA]) May 30, 2018 12:34 PM
       Stopped Check (by Vogol [MD]) May 30, 2018 12:56 PM
       Stopped Check (by myob [GA]) May 31, 2018 4:43 AM
       Stopped Check (by Laura [MD]) May 31, 2018 7:31 AM
       Stopped Check (by Vogol [MD]) Jun 3, 2018 5:09 PM
       Stopped Check (by K [VA]) Jun 4, 2018 1:27 PM
       Stopped Check (by Laura [MD]) Jun 10, 2018 8:45 AM
       Stopped Check (by Laura [MD]) Jun 10, 2018 8:46 AM
       Stopped Check (by Laura [MD]) Jun 10, 2018 8:48 AM
       Stopped Check (by Laura [MD]) Jun 10, 2018 9:02 AM
       Stopped Check (by Vogol [MD]) Jun 11, 2018 2:49 PM
       Stopped Check (by Laura [MD]) Jun 12, 2018 9:28 PM
       Stopped Check (by Vogol [MD]) Jun 13, 2018 11:55 AM
       Stopped Check (by Laura [MD]) Jun 13, 2018 12:53 PM
       Stopped Check (by Vogol [MD]) Jun 13, 2018 3:29 PM
       Stopped Check (by Laura [MD]) Jun 13, 2018 4:19 PM
       Stopped Check (by Laura [MD]) Jun 13, 2018 4:19 PM
       Stopped Check (by Laura [MD]) Jun 13, 2018 4:19 PM
       Stopped Check (by Laura [MD]) Jun 13, 2018 4:19 PM

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Stopped Check (by Vogol [MD]) Posted on: May 29, 2018 9:39 PM
Message:

State Specific Question About: MARYLAND (MD)

My situation from last posting got worse. This is Montgomery County, MD and the lease ends 5/31. He finally paid on 5/21 after courts judgement, then put stop payment on 5/24. I have no rent yet . After talks thru my realtor, he paid again on 5/27 but now threatening for stop payment again. Is this not felony or fraud or both in both the 'stop check' cases. How do I handle. Also he's threatening to not move out 5/31... Please help me to steer right way to handle this loser. TIA. --96.241.xxx.xx




Stopped Check (by Laura [MD]) Posted on: May 30, 2018 2:44 AM
Message:

Go down to Rockville and file a non payment of rent form. Be sure to bring your rental license number. It is a one page form and very easy to fill out. get the sheriff to serve the paperwork. --108.51.xxx.xxx




Stopped Check (by myob [GA]) Posted on: May 30, 2018 3:29 AM
Message:

Lets see he stopped pay on the first check and you took a second CHECK from him?

Give the required STATE notice for the non pay of rent. You don't have an NSF or closed account statement. Start eviction and no more payments allowed with checks- certified funds only. --99.103.xxx.xxx




Stopped Check (by Tony [NJ]) Posted on: May 30, 2018 3:42 AM
Message:

In my state it is a crime but not a felony. Write a letter to the bank with a copy of the checks, ask if there were sufficient funds to cover these checks (at the time they were written), and hand deliver. In my state a stopped payment check is considered a "bad check" except for compelling reasons. In-sufficient funds makes it much worse for the tenant. This is state specific. Good luck. --73.195.xxx.xxx




Stopped Check (by Ken [NY]) Posted on: May 30, 2018 4:53 AM
Message:

Take the second check you got directly to the bank and cash it,if it is not good just start the eviction.If it is good you don't have a problem till the first,if he moves fine if not start the eviction.This doesn't have to be as difficult as some landlords seem to want to make it --72.231.xxx.xxx




Stopped Check (by myob [GA]) Posted on: May 30, 2018 6:31 AM
Message:

Ken here in GA unless you have an account at the bank the check is written on they won't cash it. --99.103.xxx.xxx




Stopped Check (by Robert,OntarioCanada [ON]) Posted on: May 30, 2018 6:56 AM
Message:

Some banks the cheque can be certified where if the balance will cover then there is no stop payment the cheque can be certified which means once certified that is removed from the account. Consider contacting a landlords association where Google to find one. More then likely the eviction process will have to started. Was a thorough credit check done on all adult applicants as some problem tenants getting evicted is a way of life that is a never ending story as long as find rental housing providers willing to hand out key without running credit checks. --147.194.xxx.xx




Stopped Check (by Vogol [MD]) Posted on: May 30, 2018 7:09 AM
Message:

Thanks all for valuable advise. Case is still in stand still. Already got judgement aft filing NonPayment of Rent, then filed Eviction also, and that's where all above was ongoing in original post

Laura - I already went to Rockville, filed that 5/2, got judgement on 5/21 in absentia, filed eviction 5/25 after his 'stop pmnt 5/24' which wasn't covering all dues anyway. LL&T office said: it'll take 3wks to process... what happens next pls.

Myob - took second check, since he offered and I've nothing to lose, it doesn't cover all of judgement anyway.

Tony - I already got the cancelled ck from bank. Don't know what 'stop payment' is treated as in MD - felony or forgery or crime or what. I don't think he had insufficient fund.

Ken - I deposited ck in my bank yesterday and waiting, don't have an acc on his bk.

Sent him an email this morning demanding turning over the property. I don't call him or seldom go in person since he's been threatening and bullying. Is this time to get a lawyer, or wait until eviction takes effect around June 14, or what??

--164.82.xx.xx




Stopped Check (by Vogol [MD]) Posted on: May 30, 2018 7:09 AM
Message:

Thanks all for valuable advise. Case is still in stand still. Already got judgement aft filing NonPayment of Rent, then filed Eviction also, and that's where all above was ongoing in original post

Laura - I already went to Rockville, filed that 5/2, got judgement on 5/21 in absentia, filed eviction 5/25 after his 'stop pmnt 5/24' which wasn't covering all dues anyway. LL&T office said: it'll take 3wks to process... what happens next pls.

Myob - took second check, since he offered and I've nothing to lose, it doesn't cover all of judgement anyway.

Tony - I already got the cancelled ck from bank. Don't know what 'stop payment' is treated as in MD - felony or forgery or crime or what. I don't think he had insufficient fund.

Ken - I deposited ck in my bank yesterday and waiting, don't have an acc on his bk.

Sent him an email this morning demanding turning over the property. I don't call him or seldom go in person since he's been threatening and bullying. Is this time to get a lawyer, or wait until eviction takes effect around June 14, or what??

--164.82.xx.xx




Stopped Check (by Vogol [MD]) Posted on: May 30, 2018 7:12 AM
Message:

Robert - Yes we checked their credit report, references, job, rental history, etc. That was 20 months ago. Now they've turned into this. --164.82.xx.xx




Stopped Check (by Vee [OH]) Posted on: May 30, 2018 7:51 AM
Message:

Just file the unlawful detainer and funds due, so much drama - study your local/state tenant rules, legal help is the most expensive hourly rate you ever pay for, why feed the ferris wheel just to watch your inexperienced hopes go up then down? If your area has cancel or bounce check laws, follow those also. --76.188.xxx.xx




Stopped Check (by Tony [NJ]) Posted on: May 30, 2018 7:55 AM
Message:

Vogel - it's in my state it's fraud to write a check, and stop payment afterwards if there aren't sufficient funds to cover it until any potential dispute is resolved. It might be that way in MD and you should check with your town or county courts for advice. Police might know, certainly most lawyers would know. Suggest again that you make written request with copies of checks (front & back) with the bank the check was written on. You are not allowed to know what's in someone else's account but you are allowed to know if there was funds to cover both of these checks. In addition to being a civil matter, this may also be a criminal matter - giving you extra leverage. Good luck. --73.195.xxx.xxx




Stopped Check (by myob [GA]) Posted on: May 30, 2018 12:34 PM
Message:

Vogol you say you have "nothing to lose" wrong!

You filed for eviction and took money---- you must now stop the eviction and either return funds and start over or risk what's called self help eviction.

you can not file for non pay - accept any sort of payment -- and continue with eviction for no pay-- .

Did 3 days in the jail for that in GA. Most paperwork for courts when moving forward with sheriff set out has a sworn statement that you "have not accepted any money." --99.103.xxx.xxx




Stopped Check (by Vogol [MD]) Posted on: May 30, 2018 12:56 PM
Message:

myob - Good point, but doesn't he has to pay full amount of judgement to stop eviction? In my case, his payment of $1925 still leaves me about $400 unpaid dues. He first paid 1925 on 5/21, before eviction filed 5/25, put stop payment 5/24, now gave me a check again 5/27, I deposited 5/29. That's where we are now. Am I still in trouble???

Also, - his lease ends tomorrow 5/31. No extension, I already gave him 30 days notice in time. I can turn off the water line and take it to my name... no water!!!

His water bill had a turn off date yesterday 5/29, because of default and a return check with them, that's the reason for turn off; he paid $1000 yesterday, I'm surprised, by credit card to pay the dues, still about $500 balance remains. This is more manageable with his $1800 SD than otherwise. Any thought on water line shut off if he does not leave tomorrow, which looks very likely? --164.82.xx.xx




Stopped Check (by myob [GA]) Posted on: May 31, 2018 4:43 AM
Message:

If the judge signed off on the agreeemnet and you have the writ of possession filed already--- missing or default amount paid we would move forward. Tenant has not paid as agreed to in court order.

In our state you can't turn off utilities. The supplier can but LL can't.

--99.103.xxx.xxx




Stopped Check (by Laura [MD]) Posted on: May 31, 2018 7:31 AM
Message:

Vogol this is not a complicated case. Proceed with the eviction. In MD you can evict unless he pays ALL the monies due. You have a writ of Possession. Call the Sheriffs office 30 days after the writ was issues and set an eviction date. The sheriff will notify him that an eviction is pending and this is how much money he will have to produce in certified funds to stop the eviction. Do NOT turn off his water & at this point I would recommend you stop communicating with him. He knows he owes you money and if he wants to pay he will. Now pursue collection of the judgment. --108.51.xxx.xxx




Stopped Check (by Vogol [MD]) Posted on: Jun 3, 2018 5:09 PM
Message:

Update- This is June, and the loser is still there, without paying May and June ofcourse. He paid a check with late fee for May on 5/27 again, stopped the check on 5/31 again, - twice in two checks for the same amount; - seems playing with me with his money. Can I not file case for stopped check??

Also, Went to the property to swing by last night, he recognized my car, went in his car and almost blocked me in a threatening manner, I left. Still waiting for the eviction papers filed 5/25 from the court.

Laura: how do I get the writ you mentioned, do I ask the court or they mail that to me, my court date was 5/21 which I won, filed eviction 5/25. I can't wait to evict this loser, then go after the money. How do I pursue collection of judgement please. Thx all for your time. --96.241.xxx.xx




Stopped Check (by K [VA]) Posted on: Jun 4, 2018 1:27 PM
Message:

Not to sound mean, but you need an attorney.

You do not want to pay for one, but you are going to lose more money and have this drag on longer if you do not do so.

Think of it as just another cost of doing business. Once you roll all of the way through this from beginning to end, you may be able to do the next one on your one.

Accept that you have lost control, stop putting yourself in danger, stop driving yourself insane, and let it get handled by someone who can make sure the i's are dotted and the t's are crossed.

--68.34.xxx.xxx




Stopped Check (by Laura [MD]) Posted on: Jun 10, 2018 8:45 AM
Message:

When you filed for the non payment of rent, was he personally served or did they post it on the door? If he was personally served than you should have asked/been awarded a judgement. I suspect the non rent payment was posted on the door.

To get a judgement he MUST BE PERSONALLY served. Fill out a small claims form DC/CV 001. Either get the sheriff or private processor to serve him. Helpful to include a picture, look at driver license picture (which I hope you collected at application) or off facebook. Small claims couty case will give you a judgement. Next garnish the wages.

--108.51.xxx.xxx




Stopped Check (by Laura [MD]) Posted on: Jun 10, 2018 8:46 AM
Message:

FYI . I would also talk to the county attorney to see if putting a stop payment on the check is a crime. It may be, ask top prosecute. --108.51.xxx.xxx




Stopped Check (by Laura [MD]) Posted on: Jun 10, 2018 8:48 AM
Message:

FYI....when you won the eviction they should mail you (in about a week) a writ for possession. You need to call the Sheriff to schedule the eviction. Also you need to hire a crew for the eviction. Read the info they send with the Writ. --108.51.xxx.xxx




Stopped Check (by Laura [MD]) Posted on: Jun 10, 2018 9:02 AM
Message:

Should i be embarrassed by all the typos? --108.51.xxx.xxx




Stopped Check (by Vogol [MD]) Posted on: Jun 11, 2018 2:49 PM
Message:

Laura-

Thank you for all your time and answers.

No you shouldn't be, we all do typos, that's nothing unusual.

I agree, non payment most likely posted on door.

How do I find County Attorney to talk about stopping check crime or not, etc....

I've gotten the green paper for eviction, called the Sheriff's office scheduled the eviction date - 7/5/18. Loser is still there, said will leave today, now just dug in, wouldn't leave, saying thru my realtor that he will file harassment against me, as I was checking out outside my property last week.

I'm now contacting the eviction firms to hire one for the date. At this point, Do I need a lawyer? Pls advise, and if you have any reference if needed. Again, thanks a lot.

--164.82.xx.xx




Stopped Check (by Laura [MD]) Posted on: Jun 12, 2018 9:28 PM
Message:

No you have the eviction, so you don't need a lawyer for the eviction. Shop around for eviction companies. prices vary. Also find out the cancellation policy. 50%+ that he will move before the eviction date.

Stop contacting him & going by the property. Nothing good can come from contact. Now go after him for a judgement as discussed above. Him stopping the check will be wonderful evidence in a small claims case. Small claims is set up so you don't need a lawyer.

Here is the info for the county attorney...call him a bout the stopped checks.Address: 101 Monroe St, Rockville, MD 20850

Phone: (240) 777-6700

Good Luck! Welcome to being a landlord. This is something anyone who is a landlord long enough will have to deal with and master. --108.51.xxx.xxx




Stopped Check (by Vogol [MD]) Posted on: Jun 13, 2018 11:55 AM
Message:

Thanks for your kind reply. I am going to call the County attorney to inquire on stopped check more.

On small claim filing, do I file for judgement amount of 'Fair to pay rent', or his holdover rent payment only, or the court fee & eviction cost & other fee only, Or all of the above? If all of the above, do I file just one form, one for each category, Please.

Now, can he not take an attorney and stop this upcoming eviction, etc? How sure I should be that the eviction order is going thru no later than 7/5? Any experience, please. Thanks again. --164.82.xx.xx




Stopped Check (by Laura [MD]) Posted on: Jun 13, 2018 12:53 PM
Message:

Assuming you hire enough people to empty the house for the eviction it will happen. You did schedule it....right?

File in small claims court and get tenant PERSONALLY served. You will request all money owed; rant, late fees, eviction costs, damages & stopped check amounts. You can pursue in small claims the stopped check amounts even if the county attorney does to choose to prosecute. --108.51.xxx.xxx




Stopped Check (by Vogol [MD]) Posted on: Jun 13, 2018 3:29 PM
Message:

Eviction Co - Talked to few companies, but haven't yet hired anyone to empty the house, they're expensive;

Waiting to see if the creep leaves by the 10 days notice, which will be 6/21, or is this a mistake on my part?

Small claim court - how do I find him for serving personally, he's not going to leave any address for me. How do I do that, pls?

On claiming all money, if I file now, I don't know what's gonna be the cost of eviction co, since it hasn't happened yet. Then do I wait until all is over, or guestimate the numbers to file case immediately? Again, thx a mil... --164.82.xx.xx




Stopped Check (by Laura [MD]) Posted on: Jun 13, 2018 4:19 PM
Message:

Serve him now at your rental. Go for under $5000 and amend the amount latter. U do not have to put a specific amount now just under $5000 Critical you serve him now when u know where he located.

U must have eviction company there when sheriff arrives or u have to reschedule. --108.51.xxx.xxx




Stopped Check (by Laura [MD]) Posted on: Jun 13, 2018 4:19 PM
Message:

Serve him now at your rental. Go for under $5000 and amend the amount latter. U do not have to put a specific amount now just under $5000 Critical you serve him now when u know where he located.

U must have eviction company there when sheriff arrives or u have to reschedule. --108.51.xxx.xxx




Stopped Check (by Laura [MD]) Posted on: Jun 13, 2018 4:19 PM
Message:

Serve him now at your rental. Go for under $5000 and amend the amount latter. U do not have to put a specific amount now just under $5000 Critical you serve him now when u know where he located.

U must have eviction company there when sheriff arrives or u have to reschedule. --108.51.xxx.xxx




Stopped Check (by Laura [MD]) Posted on: Jun 13, 2018 4:19 PM
Message:

Serve him now at your rental. Go for under $5000 and amend the amount latter. U do not have to put a specific amount now just under $5000 Critical you serve him now when u know where he located.

U must have eviction company there when sheriff arrives or u have to reschedule. --108.51.xxx.xxx



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