Following a loss in small claims court, I sent a check for payment of the judgment to the plaintiff. I sent it certified mail, but he wasn't home at the time of delivery, so they left a notice, he didn't schedule redelivery, and now it's sitting at the post office unsigned for. After 15 days, the post office will mail it back to me. Before then, the 30 day period following judgment is over, and the plaintiff is likely to have filed a citation to discover assets to my bank. What can I do? Since he didn't technically receive the check yet (it's still marked "in transit" with USPS) or deposit the check, can he claim I never paid him and then proceed with the formal legal collection remedies?
If you have paid, really truly paid, show up at the citation, Judge White will swear you in, and you can tell him what you have said here. To avoid a citation, and this is generally speaking please try to talk to a lawyer if you can, you can designate certain liquid property (such as a bank account) and the rest of your assets will be freed up. But you have to do this right. Also, the most that can be done at the citation is to discover assets. Don't wear a class ring or a Rolex watch, or you might just turn it over there. Common sense, OK? Tell the truth and you will be fine.
Answering this question does not set up a attorney-client relationship between us. My comments do not constitute legal advice. If you would like to pursue representation, please contact me.
I agree with Mr. Cohen and also state that you can send another payment by regular mail and stop payment on the check you sent by certified mail if it is not returned to you.
Although AVVO describes this site as providing free legal advice, it is really a simple Q&A forum. The volunteer attorneys provide general answers. No specific legal advice is given here and no attorney-client relationship is established. For precise direction and legal advice, please consult in person with an attorney in your area. Be sure to bring all relevant paperwork with you.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline