My landlord received a $5k money order from my bank that they cashed. The money was there and they received and deposited it. About a month or two later they said the money was taken out of their account for NSF. My bank told them over the phone that it was a cashiers check and they would not have sent the money if the funds weren't there.Now they cannot locate the money and I am facing eviction.What can I do to buy me some time so I don't face eviction and so they can locate the money?Thank you.
Already Tried: All parties on the phone to figure out what happened and seeking rent assistance.
Get a copy of the money order from your bank and show it to the court along with an affidavit from your bank that the funds were credited to the payee.
Experience: Attorney with over 25 years of experience.
They already have a writ of eviction against me and I still owe 2 more months of rent. Can I use this dispute to buy me some time to get the rent by filing a motion of some sort in the court as a dispute?
If you still owe rent then the $5000 is only relevant as to paying down the judgment against you. Once the writ is issued, there is no basis to motion the court. Your only recourse would be to file an appeal or reach some accord with the landlord to withdraw the writ.