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Apr. 23rd, 2008 12:08 am![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
which_chickI haven't bitched about Bad Payer lately.
I haven't bitched about Bad Payer lately but that doesn't mean that Bad Payer has been paying me. Quite the contrary -- the last payment that I got from Bad Payer was in November of 2007, which paid for September of 2007's payment. I got nothing from Bad Payer over the winter of my discontent so I *called* Bad Payer on the phone in late March to see what the hell was going on with my money. (I was a lot more polite than that.) On the phone, Bad Payer said he'd try to make some payments Real Soon Now. I said that I really needed to see something, ANYTHING, in the way of a payment from him, Extra Real Soon Now, and I left it at that.
Following the phone call, I didn't see any payments from Bad Payer right away. I waited two weeks. Nothing. No phone calls, no mails (e or otherwise), no nothing. No "payment coming soon" thing going on. April's payment was due on April 15. I still don't have it. (Color that one not on time, would ya, Bob? Thanks.)
Along the way, mind, I ain't got fucking payments for October or November or December or January or February or March, which is a lot of missing payments. Also, Bad Payer was not very communicative during the no payment interval about the approximately $2,400 that was totally fucking NOT BEING PAID. He never called, he never wrote.
So, two weeks or so after the phone conversation, there being no immediately-forthcoming payments and there being a heavy, heavy weight of unpaid payments, I sent Bad Payer a demand notice. (Under the terms of the Note, I can demand payment of the balance due in full within thirty days if the interest on the note ever gets to be more than thirty days overdue. I can do that the first time the payer goes into default or at any later time that the payer goes into default.)
When I sent the demand notice, I also got in touch with people who told me how to file against Bad Payer in Small Claims Court in mother-loving BFE (two states away from me) to attempt to recover my fucking money. A body could rightly get pretty worried about money of which nothin's been seen or heard since November, after all. There's around $4,500 (total amount due) on the line, here. That's enough money for me to take a day off work and go to Small Claims Court two states away, even at four dollar a gallon gasoline.
Today, in a "Jack's Complete Lack of Surprise" moment, I discovered that Bad Payer does indeed have my contact information and can *so* contact me any time he wants to do so. All along the discontented winter, during which I heard nothing, I guess he just wasn't wanting to contact me. Today, I got an email from Bad Payer. He'd gotten his copy of the court filing against him and I guess he wasn't happy. The email says thusly (letter is in italics, comments in plain type):
********************
When we spoke a couple weeks ago....
You offered me a small payment plan to catch up. You told me I could pay a $100 a month.
No, you fish fucker, I begged you to pay me something, anything at all. I allowed as how I really needed to see some money coming in Real Soon Now in order to keep my less-than-boundless faith in your willingness to repay your debt. I didn't make any promises at all to you on the phone about what would or would not happen if you did or didn't do so.
I told you that I would be able to make an April payment in full. I told you that the week after April 15th that I would be paying the payment since I got paid that Friday the 25th.
As I recall, I was like "All of that's all right, but I need to see something, anything, coming in. I really do need to see some payments. Real Soon Now." I made no promises and I certainly didn't refuse your offer of payment. I never, ever refuse payment.
Yet, you still filed paperwork and sent out nasty letter BEFORE the due date of the April payment.
Ah, my sweet, the due date of the April payment is the fifteenth of April. You did not, I say, did NOT get a payment to me before April 15, either to my allegedly ineffective post office box or to my office street address. (If you'd done so, boy would my face be red and also my pocket four hundred dollars the richer. But my face, it is not red and my pocket, it is none the richer.) The due date I am using, the due date I have been using all along, has been the fifteenth of the month, so, yo, you missed the due date.
Also, good job there sidestepping the fact that you totally blew off the due dates for September, October, November, December of 2007 and January, February, and March of 2008. The injured innocence, it's very convincing. Strong writing, there.
Finally, it's not a nasty letter. Nowhere in the letter do I call you a fish fucker. I don't swear at you at all, even though I really, really wanted to do so. I am not in the wrong, here. YOU are in the wrong. YOU are not paying back a Note that you signed. YOU ARE THE BAD GUY, fucking fish fucker.
Let me just be perfectly clear, here: I am the rightfully upset and unfairly wronged person. Also, I waited until you were SIX MONTHS BACK ON YOUR PAYMENTS before I filed on you in court. How the fuck long did you think I was going to wait without trying to collect? Long enough for your debt to go dead? Silly fish fucker -- nobody's that patient.
I want to make sure we are clear on these statements.
Y'know, you sound like you're trying to firm up things for some sort of court case. Guess what? I am done talking to you. I talked and I talked. You did not-sending-money in response. It was a good system and we had a lot of fun with that. Good times, good times. However, I have now seen what talking with you does. My talking makes you not send money. My waiting patiently in silence, that also makes you not send money. Filing on court, well, it hasn't made you send any money, but at least it elicited an email. I think I'm going to stick with the court thing, really. It's the best I've done yet. And so you're going to do what in return? Gonna not send me money? Ooooh, scary! But wait! How is that different from *NOW*?
We had an agreement and you changed it with out contacting me.
We had an agreement, in writing, signed by you, that you would pay me back, on time, a payment every fucking month. You slit the belly on that fine, firm flesh, slipped it over your own bit of the same, and are now grunting contentedly as it flops and wriggles itself to death impaled on your cock. I can't believe that, at this point, you're rising again with lust in your eyes over the pristine legality of a phone conversation that you remember a whole lot differently than I do. Try not to get your, er, *hopes* up too far, darlin', because I'll give you three guesses which "agreement" is going to hold up better in court, even in a slack-jawed-yokel court such as Small Claims.
Also, I promised nothing. I just said that I really did need to see some payments pretty soon, anything at all, even fifty dollars if you could spare that much a month. I didn't say ONE FUCKING WORD about what was going to happen, or not happen or when, if I didn't see some fucking money right quickly. I did try to convince you of the utmost urgency of getting me some money in a hurry.
I told you that on the phone it was not an issue contacting me if you had any more questions.
I have only ever had exactly one question for you, Bad Payer. WHERE THE FUCK IS MY FUCKING MONEY? You aren't answering it very well.
I still want to work this out.
I still want to get paid. Looks like we're both going to be disappointed, here.
See, I've been thinking, have had a lot of time for that since last November. Mostly, what I've been thinking has been various iterations of "What are the odds of Bad Payer suddenly having a change of heart and being all responsible and ponying up money on a regular and timely basis every fucking month, given his history of nonpayment?" I don't think those odds are very good and I have had a number of checkless months to ponder that issue, I really have.
Another thought that occupied me through endless dashed-hope trips to the mailbox during the discontented winter was the following: "Do I really think that Bad Payer will morph into Better Payer if he is operating underneath a judgment that, unpaid, will tarnish his personal credit for ten years?" Y'know, I'm not sure about that. Maybe you will not become Better Payer with a judgment against you. However, I'm willing to give it a try. It can't be any worse than what I BEEN doing, which is sending ignored (but signed-for) dunning letters that vanish into the ether without generating any fucking payments in return. I am ALREADY not-getting-paid, so, yo, how much worse can it be? For realz.
There are precisely two ways that this is going to end and I really don't need to contact Bad Payer to discuss with him either one of his two options.
Option 1. He can send the balance of money due me, in full, before the court date and then we dismiss the case on the grounds that there is no case anymore. (I will score this a total fucking win.)
Option 2. He can see me in court (or not), along about the middle of June, so that I can try to secure a judgment against him for what he owes. (I will also score this a total fucking win if I get a judgment against him.)
I haven't bitched about Bad Payer lately but that doesn't mean that Bad Payer has been paying me. Quite the contrary -- the last payment that I got from Bad Payer was in November of 2007, which paid for September of 2007's payment. I got nothing from Bad Payer over the winter of my discontent so I *called* Bad Payer on the phone in late March to see what the hell was going on with my money. (I was a lot more polite than that.) On the phone, Bad Payer said he'd try to make some payments Real Soon Now. I said that I really needed to see something, ANYTHING, in the way of a payment from him, Extra Real Soon Now, and I left it at that.
Following the phone call, I didn't see any payments from Bad Payer right away. I waited two weeks. Nothing. No phone calls, no mails (e or otherwise), no nothing. No "payment coming soon" thing going on. April's payment was due on April 15. I still don't have it. (Color that one not on time, would ya, Bob? Thanks.)
Along the way, mind, I ain't got fucking payments for October or November or December or January or February or March, which is a lot of missing payments. Also, Bad Payer was not very communicative during the no payment interval about the approximately $2,400 that was totally fucking NOT BEING PAID. He never called, he never wrote.
So, two weeks or so after the phone conversation, there being no immediately-forthcoming payments and there being a heavy, heavy weight of unpaid payments, I sent Bad Payer a demand notice. (Under the terms of the Note, I can demand payment of the balance due in full within thirty days if the interest on the note ever gets to be more than thirty days overdue. I can do that the first time the payer goes into default or at any later time that the payer goes into default.)
When I sent the demand notice, I also got in touch with people who told me how to file against Bad Payer in Small Claims Court in mother-loving BFE (two states away from me) to attempt to recover my fucking money. A body could rightly get pretty worried about money of which nothin's been seen or heard since November, after all. There's around $4,500 (total amount due) on the line, here. That's enough money for me to take a day off work and go to Small Claims Court two states away, even at four dollar a gallon gasoline.
Today, in a "Jack's Complete Lack of Surprise" moment, I discovered that Bad Payer does indeed have my contact information and can *so* contact me any time he wants to do so. All along the discontented winter, during which I heard nothing, I guess he just wasn't wanting to contact me. Today, I got an email from Bad Payer. He'd gotten his copy of the court filing against him and I guess he wasn't happy. The email says thusly (letter is in italics, comments in plain type):
********************
When we spoke a couple weeks ago....
You offered me a small payment plan to catch up. You told me I could pay a $100 a month.
No, you fish fucker, I begged you to pay me something, anything at all. I allowed as how I really needed to see some money coming in Real Soon Now in order to keep my less-than-boundless faith in your willingness to repay your debt. I didn't make any promises at all to you on the phone about what would or would not happen if you did or didn't do so.
I told you that I would be able to make an April payment in full. I told you that the week after April 15th that I would be paying the payment since I got paid that Friday the 25th.
As I recall, I was like "All of that's all right, but I need to see something, anything, coming in. I really do need to see some payments. Real Soon Now." I made no promises and I certainly didn't refuse your offer of payment. I never, ever refuse payment.
Yet, you still filed paperwork and sent out nasty letter BEFORE the due date of the April payment.
Ah, my sweet, the due date of the April payment is the fifteenth of April. You did not, I say, did NOT get a payment to me before April 15, either to my allegedly ineffective post office box or to my office street address. (If you'd done so, boy would my face be red and also my pocket four hundred dollars the richer. But my face, it is not red and my pocket, it is none the richer.) The due date I am using, the due date I have been using all along, has been the fifteenth of the month, so, yo, you missed the due date.
Also, good job there sidestepping the fact that you totally blew off the due dates for September, October, November, December of 2007 and January, February, and March of 2008. The injured innocence, it's very convincing. Strong writing, there.
Finally, it's not a nasty letter. Nowhere in the letter do I call you a fish fucker. I don't swear at you at all, even though I really, really wanted to do so. I am not in the wrong, here. YOU are in the wrong. YOU are not paying back a Note that you signed. YOU ARE THE BAD GUY, fucking fish fucker.
Let me just be perfectly clear, here: I am the rightfully upset and unfairly wronged person. Also, I waited until you were SIX MONTHS BACK ON YOUR PAYMENTS before I filed on you in court. How the fuck long did you think I was going to wait without trying to collect? Long enough for your debt to go dead? Silly fish fucker -- nobody's that patient.
I want to make sure we are clear on these statements.
Y'know, you sound like you're trying to firm up things for some sort of court case. Guess what? I am done talking to you. I talked and I talked. You did not-sending-money in response. It was a good system and we had a lot of fun with that. Good times, good times. However, I have now seen what talking with you does. My talking makes you not send money. My waiting patiently in silence, that also makes you not send money. Filing on court, well, it hasn't made you send any money, but at least it elicited an email. I think I'm going to stick with the court thing, really. It's the best I've done yet. And so you're going to do what in return? Gonna not send me money? Ooooh, scary! But wait! How is that different from *NOW*?
We had an agreement and you changed it with out contacting me.
We had an agreement, in writing, signed by you, that you would pay me back, on time, a payment every fucking month. You slit the belly on that fine, firm flesh, slipped it over your own bit of the same, and are now grunting contentedly as it flops and wriggles itself to death impaled on your cock. I can't believe that, at this point, you're rising again with lust in your eyes over the pristine legality of a phone conversation that you remember a whole lot differently than I do. Try not to get your, er, *hopes* up too far, darlin', because I'll give you three guesses which "agreement" is going to hold up better in court, even in a slack-jawed-yokel court such as Small Claims.
Also, I promised nothing. I just said that I really did need to see some payments pretty soon, anything at all, even fifty dollars if you could spare that much a month. I didn't say ONE FUCKING WORD about what was going to happen, or not happen or when, if I didn't see some fucking money right quickly. I did try to convince you of the utmost urgency of getting me some money in a hurry.
I told you that on the phone it was not an issue contacting me if you had any more questions.
I have only ever had exactly one question for you, Bad Payer. WHERE THE FUCK IS MY FUCKING MONEY? You aren't answering it very well.
I still want to work this out.
I still want to get paid. Looks like we're both going to be disappointed, here.
See, I've been thinking, have had a lot of time for that since last November. Mostly, what I've been thinking has been various iterations of "What are the odds of Bad Payer suddenly having a change of heart and being all responsible and ponying up money on a regular and timely basis every fucking month, given his history of nonpayment?" I don't think those odds are very good and I have had a number of checkless months to ponder that issue, I really have.
Another thought that occupied me through endless dashed-hope trips to the mailbox during the discontented winter was the following: "Do I really think that Bad Payer will morph into Better Payer if he is operating underneath a judgment that, unpaid, will tarnish his personal credit for ten years?" Y'know, I'm not sure about that. Maybe you will not become Better Payer with a judgment against you. However, I'm willing to give it a try. It can't be any worse than what I BEEN doing, which is sending ignored (but signed-for) dunning letters that vanish into the ether without generating any fucking payments in return. I am ALREADY not-getting-paid, so, yo, how much worse can it be? For realz.
There are precisely two ways that this is going to end and I really don't need to contact Bad Payer to discuss with him either one of his two options.
Option 1. He can send the balance of money due me, in full, before the court date and then we dismiss the case on the grounds that there is no case anymore. (I will score this a total fucking win.)
Option 2. He can see me in court (or not), along about the middle of June, so that I can try to secure a judgment against him for what he owes. (I will also score this a total fucking win if I get a judgment against him.)
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no subject
Date: 2008-04-23 01:23 pm (UTC)And I can not ever envision not paying my rent for six (or more) months.
When can you heave this leech out?
no subject
Date: 2008-04-23 02:24 pm (UTC)no subject
Date: 2008-04-23 02:47 pm (UTC)Sorry, completely forgot about that.
Gambatte! Go for it and get that judgement!
no subject
Date: 2008-04-23 07:21 pm (UTC)With Bad Payer, I'm filing a Warrant in Debt in Small Claims Court at an out-of-state court. If this were a tenant, I'd be doing a landlord-tenant filing in one of the local district courts, a thing I do often enough that it's not worthy of comment.