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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11710
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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Im being sued for money that I owe a mall that I had a business

Resolved Question:

I'm being sued for money that I owe a mall that I had a business in . I would like to pay this but I do not have the full amount owed . I have an email from the mall leasing agent saying on march 12th I owed 1850.00 plus 100.00 late fee to close my account and between April 2nd to April 29th I sent in three payments for 500.00 the second was 500.00 and the third was 950.00 . The post office tried to deliver the certified letter with the 950.00 payment on April 29 during business hours and had to leave a notice for them to pick it up and they never did I have the check back now still sealed. I got served and have to go to the magistrate court and now they are saying the original amount should have been 3700.00 and with fees it's over 5000.00 . They know I have to go to magistrate court tomorrow and offered 4700.00 to pay off the account if paid by July 12th . I will need more time and would like to make payments to pay off the account . What can I do?
Submitted: 1 year ago.
Category: Legal
Expert:  Andrea, Esq. replied 1 year ago.

HI, My name is XXXXX XXXXX it will be my pleasure to assist you; my goal is to provide you with Excellent Service,

 

1. In which State and County is this ?

 

 

2. Did the email state which month the $1,850 represented ? Or was that the total amount that you owed ?

 

 

3. What was the monthly rent that you paid ?

 

 

4. What amount do your records show that you owe the mall in rent ?

 

 

ANDREA

 

 

 

Customer: replied 1 year ago.


1. Georgia and its in Douglas county


 


2. yes it stated that I owed 1850 for February rent to close the account.


 


3.The lease was for Oct 13th 2012 to Feb. 28th 2013 .. Oct rent 1134 .. Nov Dec Jan Feb 1850 each month


 


4.I'm not 100% sure I had a worker take off with records and merchandise totalling over 13,000.00 between that location and another location .

Expert:  Andrea, Esq. replied 1 year ago.

Thank you for your additional information,

 

Please give me a few minutes to type up your Answer. But, I must ask you this -

 

It appears that the only rent you owed was for March, 2013 of $1,850, plus a $100 late charge -

 

1. Why are they claiming you owe them over $5,000 ?and

 

 

2. Did you ask them for a breakdown of the charges (because I would not want to see you pay that. It certainly does not appear that you owe anything more than what they told you in the March emai)

 

 

Thank you,

 

 

ANDREA

 

 

 

 

 

Customer: replied 1 year ago.


1 They said they went back and reviewed the account and are saying the email sent on march 12 th that stated I owed 1850 plus 100 late fee was incorrect that they made a mistake and I owed Jan & Feb rent plus there legal fees.

 

2 I did and the said now that the rent owed was 2700.00 left from both months and that there was interest and late fees and attorney fees

Attachment: 2013-07-03_021657_stonecrest_mall_2013_emails.pdf

Expert:  Andrea, Esq. replied 1 year ago.

Thank you for the additional information, Please give me a few minutes to type out your Answer, (I do not give "stock" Answers, each of my Answers relates specifically to the facts which the customer has given me) So, Thank you for your patience,

 

ANDREA

Customer: replied 1 year ago.


Hey I attached the emails between me and the mail and I'm also looking for the checks and tracking numbers should have them soon

Expert:  Andrea, Esq. replied 1 year ago.

Thank you for your kind patience,

 

You should not pay these people any more that the March rent of $1,850 plus the $100 late fee. And, here is what you should do, step by step:

 

Make copies of the following and bring them to Court with you:

 

1. Gather all your rent receipts, or cancelled checks that you used to pay the rent; make copies and take them with you to show the Judge;

 

2. Make copies of the email that they sent you stating that you owe only the $1,850 plus the $100 late fee;

 

3. Make copies of the checks for $500 which you paid twice and was applied to the rent;

 

4. Make copies of the envelope showing the postmark as proof that you mailed it on the date you told them you mailed it. Do not open the envelope. Let the Judge open the envelope and let him see for himself that you had a check in the amount of $950 in the envelope.

 

All of the above will prove to the Judge that you paid the rent. Also bring whatever proof you have as to the amount that was stolen from your business and that is why you made partial payments. Tell the Judge that when you were making these partial payments, at no time did they ever say that you owed anything more than the amount that they indicated in their email

 

Late Fees, and Attorneys' Fees

 

Tell the Judge that the envelope containing the check in the amount of $950 which you sent by Certified Mail proves that you did not send it in late. What the post office did and the mailman's inability to deliver it was totally out of your control once you mailed it. They did not have to sue you and incur legal fees, therefore, you should not have to pay their Attorneys' fees.

 

____________________________________________________________________

 

If I have not Answered your question, please let me know by using the "Reply" button and I will be glad to explain further,

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

Customer: replied 1 year ago.


That's what I thought and I just have one last question will they consider the emails sent from the leasing rep from the mall hearsay in the magistrate court ?

Expert:  Andrea, Esq. replied 1 year ago.

Thank you for your follow up question and the opportunity to explain further,

 

The email sent by the leasing representative should not be considered "hearsay" for two reasons:

 

1. Ordinarily a letter will be considered hearsay; however, a letter, including emails, can be introduced into evidence and will not be considered hearsay, if the person writing the letter is in Court and can be cross-examined;

 

 

2. An exception to the hearsay rule is books and records and other documents maintained in the "ordinary course of business". The leasingrepresentative wrote to you "in the ordinary course of the business of leasing space in the mall and collecting rents. Therefore, emails should be admissibleunderthe "Books and Records" exception to the hearsay rule,

 

________________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11710
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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