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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111459
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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How much do u charge? I sold a horse. Money was due by

Customer Question

How much do u charge?
JA: I'm not sure of the exact price, but there's only a $5 deposit. The rest of the price information will be on the page I send you to.
Customer: I sold a horse. Money was due by Oct/2015.... that was a year ago. I have been waiting for payment and just started hounding the buyer. I got a reply today, I don't like the tone and the level of control in this reply. How do I respond in Lawyer jargon, accepting the payments and taking control of the email?
JA: PayPal, Debitcard or credit card are all fine.
Customer: $5.00?
JA: What state are you in? It matters because laws vary by location.
Customer: OK. She offered to make payments, I just want to simply reply in Lawyer vocabulary..... Here is the email:
JA: Has anything been filed or reported?
Customer: no Good afternoon.
We are in receipt of your voice mail on Friday October 21, 2016 regarding payment on the 2016 Warmblood Colt.
As you may be aware, that colt was supposedly sold as of three months ago and was being held pending the trainer’s client receiving his bonus check. This transaction had a bill of sale, a successful pre purchase exam and we had the trainer’s word that the client would be purchasing the colt. As does happen many times, two weeks ago the trainer made contact with us and stated that the client no longer had the funds to purchase the colt and was not willing to finance it in spite of having a contract in force. This nullified our ability to pay you outright for the colt in full as was the original plan.
In lieu of that fact we are sending to you a short series of checks to pay off the colt. The first can be cashed the first week of November for $1000. The second will be a check for $1000 which can be deposited the first week of December and so forth. If in fact we do sell the colt, the balance of the checks will be able to be cashed immediately as well and you will be notified immediately. In addition, we are beginning to list the rest of our 2016 foals that are for sale and any additional funds will go towards paying off this amount to you earlier as well.
The checks will be mailed tomorrow via Priority Mail and we will email with the Tracking Number.
We hope that this will be a successful resolution to the outstanding debt.
With regards,
JA: Anything else you want the lawyer to know before I connect you?
Customer: no, just read the above, short email
Submitted: 1 month ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The buyer's inability to pay based on their excuse is not a legal justification for breaching their contract with you.
Legally, there is no such thing as post dating checks and any such agreement to do so would be only a contractual agreement between the parties.
Thus, you need to inform the buyer that you are sorry about their financial issues, but you have a contract that is now in default since October 2015 and that while you are willing to work out some deal with them (only if you want to so that is) you would be willing to accept the checks HOWEVER you need to tell them that the first time one of their checks bounces you will institute legal proceedings to recover the horse from them and for damages for breach of contract (as well as possibly criminal charges for issuing worthless checks). You need to also set a date each month in stone in your letter telling them that you will cash each check on X date of each month they specified and again if they do not clear even one time, the deal is off and you will begin legal action against them for breach of contract as well as return of the horse and issuing bad checks. (while I cannot write the actual letter for you, if you read what I said above you can put your letter together based on the wording of my response and I will be happy to review it for you before you send it).
Customer: replied 1 month ago.
Thank you.... Oddly, I am friends with this lady on FB and talk to her daughter everyday. She didn't type the above reply and she would normally just shoot me a msg on FB. Below is what I was going to email her.Thank you for taking the time to reply. I sympathize with your situation and I will accept postdated checks for payments on this defaulted contract that was due October 2015. I consider this to be a binding contractual agreement.I attempted to make contact in May 2016 with a written letter that went unanswered, my husband called in June 2016 and you stated the payment would be in 30-60 days, at any time we were willing to help find a resolution in terms that were comfortable for you.I need to know the exact day of the month these checks will be dated and can be cashed. If any of these checks do not clear the clear the bank, I will be forced to institute legal proceedings to recover all damages for breach of contract.
Expert:  Law Educator, Esq. replied 1 month ago.

Thank you for your reply.

That is a good response, just what I told you above. One change, "I need to know the exact day of the month these checks will be dated and cashed and if you do not provide such a date, I will cash them on the 1st of each month."

Customer: replied 1 month ago.
Thank you. ***** keep in that email the dates I have already tried to contact her?
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your reply.
You should indeed keep every record you have regarding the transaction in case you have to sue, all of those records would be evidence in your case that there is a valid debt.
Customer: replied 1 month ago.
Thank you. I give you 5 stars and will rate at the top.
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you very much for doing so.