Sending Monthly Payments, Worried Lawyer Will Say "Oh, I didn't get it."

[LinxUs]

So I have to make payments as part of an agreement I have. I make each monthly payment every month. I send a letter, photocopied with a check via Certified Mail to the addressee. I have been doing this for a while now. But also in this agreement there is a stipulation that states if I should miss a payment, I should have accelerated payment schedule imposed on me and other fines and whatnot. So I am concerned that the attorney I send these payments to will say, "Oh... I never got that..." or "Oh, I opened the letter and YOU never had a check in there." Even though I do the same thing every month, and I do have a check in there and instead he flat out lies to get this accelerated payment thing for him.

So how can I avoid this? Do I need to take a photography every month that I put that check in there? I do not have alot of money and can barely make these payments each month, so if I had to contest it in front of a judge, I probably couldn't afford the filing fees.

 

[jharris352]

Do you have some reason for worrying that the attorney will do this? If not you are just making up something to worry about.

 

[army judge]

Why not arrange to wire the payment directly into the creditor's bank account?

That way you avoid the middle man, and ensure the funds are deposited without delay.

You also avoid any trickeration or shenanigans on the part of the attorney.




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[LinxUs]

Yes I do

I have read alot about his litigation tactics through PACER, this attorney seems to conveniently "not recieve" responses (such as interrogotories) when it is e-mailed to him, or faxed, anything short of a hand signature delivery, seems to get "lost".

Just based on the attorney's behavior, it would be advantagous for him to "not recieve" payment to then register the judgment with court, go after my bank accounts, demand accelerated payments, etc. It's just a matter of getting money faster, the way I see it.

I am wondering if I had to go to court, present it in front of a judge that I have been making payments for 2 straight years, I have photo copies of the letter, checks and certified mail receipts (with tracking), and proof they cashed my checks, would my argument hold up versus he all of a sudden didn't recieve payment?

So should I contact his office to say I'd rather make a wire transfer?

 

[army judge]

So should I contact his office to say I'd rather make a wire transfer?

I'd ask him about making the switch.

It would be easier for BOTH of you.

He'd get the money the day you deposit it in his account.

This is a win-win for both of you.

 

[LinxUs]

Ok. Well in the meantime, I noticed that they haven't cashed the check for this month. So I am concerned for this month. What should I do?

 

[army judge]

Call and ask him if he has received the check?

Them ask why he hasn't deposited it.

Finally bring up the wire issue.


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[wisemans_voyage]

Why not arrange to wire the payment directly into the creditor's bank account?

That way you avoid the middle man, and ensure the funds are deposited without delay.

You also avoid any trickeration or shenanigans on the part of the attorney.




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An attorney is not going to allow the Defendant to send monthly payments that resulted from a settlement (stipulation) directly to the Plaintiff. The biggest reason being that such payment includes HIS portion of the settlement payment.

Such attorney won't be able to claim he didn't receive such payments if proper documentation by the Defendant is made when he or she sends such payment.