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Accord and Satisfaction is a perfectly ethical and legal way of settling debts that has been used for several centuries now.
Notwithstanding the fact that I would never acknowledge the debt in a way you could document, the second you did that I'd not only file any counterclaim I could find (and there is always at least one, even if the chances of prevailing were minimal at best) and then promptly drag you through every procedural process I could, including depositions (can be conducted on a limited basis in some jurisdictions like mine) and electing arbitration or mediation and then you make you explain to the mediator or judge (should you refuse arbirtration) why your response to the initial settlement offer for unliquidated damages was to file suit without response. As I've said here many times, judges hate when people force unnecessary litigation, and your actions would not have them pleased with you. As such, I'd oppose any awarding of filing fees to you, and most judges would make you eat that cost in part or in whole.
Between the time you'd spend dealing with my counterclaims and the procedures, plus whatever portion of the filing fees you couldn't recover, you'd almost certainly end up on the losing end regardless of whatever judgment you might be awarded. That too, is assuming that you didn't wise up at some point during this process and accept a settlement offer anyway.
The moral of this is that if you don't find a settlement offer to be acceptable, the wise and correct move is to make a counter offer. If it clear a reasonable settlement cannot be reached, then you should file suit.
Blah, blah, blah, you're still advising this person to screw over their landlord..spoken like a true (and I use that term lightly in reference to you) lawyer.
Blah, blah, blah, you're still advising this person to screw over their landlord...spoken like a true (and I use that term lightly in reference to you) lawyer.
Your ad hominem attack aside, how could you logically suggest this is "screwing over" the landlord? Accord and Satisfaction (I doubt you understand what it is, but you might read up on it) requires clear acceptance on part of the person receiving the offer. No one is holding a gun to their head and forcing them to accept.
Accord and Satisfaction is a perfectly ethical and legal way of settling debts that has been used for several centuries now.
Notwithstanding the fact that I would never acknowledge the debt in a way you could document, the second you did that I'd not only file any counterclaim I could find (and there is always at least one, even if the chances of prevailing were minimal at best) and then promptly drag you through every procedural process I could, including depositions (can be conducted on a limited basis in some jurisdictions like mine) and electing arbitration or mediation and then you make you explain to the mediator or judge (should you refuse arbirtration) why your response to the initial settlement offer for unliquidated damages was to file suit without response. As I've said here many times, judges hate when people force unnecessary litigation, and your actions would not have them pleased with you. As such, I'd oppose any awarding of filing fees to you, and most judges would make you eat that cost in part or in whole.
Between the time you'd spend dealing with my counterclaims and the procedures, plus whatever portion of the filing fees you couldn't recover, you'd almost certainly end up on the losing end regardless of whatever judgment you might be awarded. That too, is assuming that you didn't wise up at some point during this process and accept a settlement offer anyway.
The moral of this is that if you don't find a settlement offer to be acceptable, the wise and correct move is to make a counter offer. If it clear a reasonable settlement cannot be reached, then you should file suit.
I hate to tell you, Bosco, but I was a tenant, a landlord, a property owner and quite savvy in court before you were probably out of diapers and I've successfully prevailed against attorneys far better than you who've played the games you're describing for WAY much more money than the measly $350 which this thread is all about. Despite all your huffing and puffing and apparent need to show your superior knowledge of the judicial system, I very much doubt that you would for a mere second personally entertain such grandiose legal moves for this small amount of money - if you were even allowed to represent a defendant in small claims court.
The OP has apparently acknowledged to the landlord that she owes this $350. The best advice, since the LL declines to accept a payment plan, is what I mentioned in my previous post. A counter offer of 30% on a $350 charge is ridiculous and can only serve to annoy the LL who has to only put out less than $100 in most jurisdictions to file in small claims court and will (way more than likely) prevail including costs.
Save the posturing for the depositions, the mediation and finally the courtroom. This simply isn't one of these cases.
Your ad hominem attack aside, how could you logically suggest this is "screwing over" the landlord? Accord and Satisfaction (I doubt you understand what it is, but you might read up on it) requires clear acceptance on part of the person receiving the offer. No one is holding a gun to their head and forcing them to accept.
The amount owed is $350...not one penny more, not one penny less...and offering less is an attempt to screw over the landlord.
The OP will end paying more than $350 if she keeps playing games and ends up in court. I wonder, are you willing to represent/advise her if it comes to that?
I hate to tell you, Bosco, but I was a tenant, a landlord, a property owner and quite savvy in court before you were probably out of diapers and I've successfully prevailed against attorneys far better than you who've played the games you're describing for WAY much more money than the measly $350 which this thread is all about.
Given the lack of knowledge you've displayed about some very remedial legal concepts on this forum, I'm sure you'll forgive me for doubting your court room ability and/or the ability of your adversaries.
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Despite all your huffing and puffing and apparent need to show your superior knowledge of the judicial system, I very much doubt that you would for a mere second personally entertain such grandiose legal moves for this small amount of money - if you were even allowed to represent a defendant in small claims court.
You clearly don't know me then. I'm the same person who kept a simple holdover tenancy tied up in County Court for two months (and could have gone another two) simply because the Plaintiff's had shown bad faith. Oh, and did I mention the house was sitting empty and ready to go a day before the suit was even filed and could have been surrendered at any time?
Yeah, I can be that vindictive when provoked, and I can assure you I'd engage in those tactics in this situation as well.
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The OP has apparently acknowledged to the landlord that she owes this $350. The best advice, since the LL declines to accept a payment plan, is what I mentioned in my previous post. A counter offer of 30% on a $350 charge is ridiculous and can only serve to annoy the LL who has to only put out less than $100 in most jurisdictions to file in small claims court and will (way more than likely) prevail including costs.
Actually, a 30% counter-offer is generally considered commercially reasonable for unliquidated damages, and where a lot of entities begin. This is especially true of people of low income. As I said though, the other party is free to object and make their own counter offer.
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Save the posturing for the depositions, the mediation and finally the courtroom. This simply isn't one of these cases.
I agree, hence why I suggested a settlement offer. It was you who made the unreasonable suggestion of filing suit without even attempting to have a meeting of the minds.
Given the lack of knowledge you've displayed about some very remedial legal concepts on this forum, I'm sure you'll forgive me for doubting your court room ability and/or the ability of your adversaries.
Yawn.
You clearly don't know me then. I'm the same person who kept a simple holdover tenancy tied up in County Court for two months (and could have gone another two) simply because the Plaintiff's had shown bad faith. Oh, and did I mention the house was sitting empty and ready to go a day before the suit was even filed and could have been surrendered at any time?
Wow, that is AWESOME! Kudos and gold stars!
Yeah, I can be that vindictive when provoked, and I can assure you I'd engage in those tactics in this situation as well.
Yawn.
Actually, a 30% counter-offer is generally considered commercially reasonable for unliquidated damages, and where a lot of entities begin. This is especially true of people of low income. As I said though, the other party is free to object and make their own counter offer.
For $350? Oh please. Or "spare me".
I agree, hence why I suggested a settlement offer. It was you who made the unreasonable suggestion of filing suit without even attempting to have a meeting of the minds.
Where did I suggest anyone filing suit, counselor? I fear you are mixing up threads ...
You're free to doubt it. My track record says otherwise.
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Where did I suggest anyone filing suit, counselor? I fear you are mixing up threads ...
Forgettful?
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If I were the LL and you offered me 30% of a properly documented $350 damage charge which you acknowledged, I'd be down to Small Claims court in a heartbeat and I'd win hands down
I recently moved out of my apartment a I did receive a letter for 350.00 in damages I'm not disputing the charges but my landlord wont agree to payment arrangements I know the amount is not that large but I just don have the money with my income my landlord a I have always gotten along I just don't know what the problem with having an payment agreement, what should be my next step?
Why didn't your LL deduct the $350 from your security deposit?
{Edited to add:}
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Thank you for your response, I have a housing voucher and I was wounding how will they respond to a unwilling landlord
Missed this during the first re-through of the thread. No security deposits necessary with a housing voucher?
Accord and Satisfaction is a perfectly ethical and legal way of settling debts that has been used for several centuries now.
Would you break this concept down for us lay-folks and how it would pertain to the OPs issue?
I did a little reading around about Accord & Satisfaction and why is it that some legal sites say that the satisfaction has to be in a different form than the original contract requested? One example:
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An Accord is an agreement in which one party to an existing contract agrees to different performance than the performance he is entitled to under the first contract. For example:
Thelma owes Louise $100,000 under a contract. Thelma owns a beach house which she promises to give Louise in settlement of the debt and Louise promises to accept the house in settlement of the debt instead of the $100,000. This new agreement is an Accord.
Does this mean that the accord between the OP of this issue would have to offer $350 in some other form? Or would the "other form" also be considered any amount of money less than $350?
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..... why your response to the initial settlement offer for unliquidated damages was to file suit without response.
Are damages still considered unliquidated when they were itemized and can be proven with receipts to repair/remediate to the tune of $350?
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The moral of this is that if you don't find a settlement offer to be acceptable, the wise and correct move is to make a counter offer. If it clear a reasonable settlement cannot be reached, then you should file suit.
I think the problem is that a lot of LLs don't want to settle or negotiate for a lesser amount - and especially if they are "private LLs". If a LL has pictures of damage and receipts totaling $350 to repair/remediate the damage caused by a tenant, why accept one penny less than what is owed or bother with a counter? Only to stay out of small claims court to not aggravate grumpy judge?
And if the LL DOES enter negotiations, and a resolution can't be found, can/would that be held against the LL when LL takes the tenant to court for the original and full amount? Meaning, will a judge hear that the LL was willing to negotiate, so award the LL less at the end of it all b/c LL WAS willing to maybe accept less through negotiating with tenant?
Thanks in advance for any insight you can provide.
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