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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
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Experience:  8+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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A landlord is trying to get a judgement against me for back

Resolved Question:

A landlord is trying to get a judgement against me for back rent that I owe. If I show up for the court date and hand the landlord's attourney a certified check for the amount, will that show up on my record as a judgement against me? What if I present the check after the judge calls us both up in front of him?
Submitted: 2 years ago.
Category: Legal
Expert:  LegalKnowledge replied 2 years ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

I certainly understand your concern. Until the Judge signs the judgment and/or enters the order, it would not appear. Right now, there is only a pending matter in the court. It is not uncommon for parties to settle outside of court and it is something which is strongly encouraged. If you are going to pay the amount owed, which would resolve the case and make the issue moot, the attorney for the landlord could file a voluntarily dismissal with the court and the case would be closed. No judgment would be issued and the case would be dismissed. If you have the money, there is no reason to wait until the day of court, if you can pay now and resolve this. As such, you can contact the attorney this morning, advise him you want to pay the money owed and ask if once you tender him the certified check, if he will dismiss the case. There should be no reason that he should not, since it would only be a waste of time to appear in court if this has been resolved and would save his client money, for having to charge additional attorney fees.



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Customer: replied 2 years ago.
So, is there no way that the landlords attourney can refuse a certified check just to get me in front of a judge to get a judgement against me?
Expert:  LegalKnowledge replied 2 years ago.
There would be no basis for it and the attorney would be acting in bad faith. It would be a waste of the courts resources for him to just reject the check, if it was for the full amount and only wanted to harm you, by having a judgment entered. Something like this could result in a bar complaint against the attorney and subject them to disciplinary actions. The attorney would be wasting the courts time, his clients money and would be lacking any basis for proceeding, when there is no reason to.
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 17042
Experience: 8+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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