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Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33149
Experience:  15 years real estate, Realtor. Landlord 26 years
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Im currently in dissppossary with my landlord. my december

Customer Question

im currently in dissppossary with my landlord. my december and january rent was lost in the mail. So we had to have western union investigate the to make sure money orders were not stolen or cashed. Western union says this can take anywhere from 30-60 days to investigate, We went to court and the judge allowed us the 60 days as long as we kept our rent current (which we have). we are now pass the 60 days and we've heard nothing from western union. we are trying to get the attorney to get us more time to get this money together while e wait for WU but she said she cnt get in contact with landlord and she will have to move forward with writ. we are terrified. What can we do
JA: OK. The Real Estate Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no
JA: Please tell me everything you can about this issue so the Real Estate Lawyer can help you best. Is there anything else important you think the Real Estate Lawyer should know?
Customer: we have repairs that are piling up and having to pay money out of the pocket to fix things, Its very hard to pay three months of rent at one time. so we making sure we are on on time with rent. We just have to wait for WU to send us refunds for the lost money orders
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Real Estate Law
Customer: replied 5 months ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Barrister replied 5 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..I have read your comments and am sorry to hear that you are in this predicament..What is your legal question that I can help with tonight?.Did you mail both months together or did you mail them separately and they both were lost?.Have you talked with Western Union about just paying the fee to have them cancelled and reissued?..thanksBarrister
Customer: replied 5 months ago.
They were mailed seperate. The property manager claims she never received either one, but she has received every other month. Western Union had us completed a investigation form in order to have the money reimbursed. They said to allow 60 days but we are getting the feeling somethings up because we are pass the 60 days and we've heard nothing. The leasing office is not communicating with us and the attorney is saying they will have to go ahead with the writ.
Customer: replied 5 months ago.
I guess my question is. How can we stop or delay the writ?
Expert:  Barrister replied 5 months ago.
Thank you for that additional information... To be very honest, if the landlord decides to go forward with the writ, you will have to file a motion for stay of execution of the writ with the judge and submit something in writing from Western Union stating that the money orders are still uncashed in their system and they are issuing new ones after the investigation closes. That might be enough to get the judge to agree to give you another month or two. .But from the landlord's perspective, it isn't his fault the mail got lost, and he just knows that he is missing two months rent that hasn't been paid. So I can see both sides of this tough situation and I woudl be calling Western Union and seeing if there is any way to expedite them cancelling and reissuing the money orders faster, even if it costs more of a fee because a judge is not going to give you much more of a grace period, maybe a month, for a resolution....thanksBarrister

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