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I live in Missouri. I purchased a used mobile home in

I live in Missouri...

I live in Missouri. I purchased a used mobile home in Fenton, Missouri for my daughter. The mobile home is in my name, but my daughter and her two children live in it. I purchased the mobile home from the mobile home court where the home is located. I always take the check and put it in the mail slot of the office. I wrote a check on 10/24/17 and put it in the office mail slot the next day. They claim they did not receive it until 11/29/17. Then I wrote a check for Dec. 2017 payment. I wrote it for the correct amount, but their bank cashed it for $179.44 less than it was written for. A note was left on the door of the mobile home that I was behind in payments. I called three times and left a letter in with my payment trying to get this resolved before I heard from the girl in the office. I explained to her that the check was cashed for the wrong amount, She looked it up online at her bank account and agreed that all I needed to do was send another check for $179.44. I recently received a letter saying I have three days to pay the $50.00 or they will have their attorney contact me for collection. How do I handle this?

Lawyer's Assistant: Have you talked to a MO lawyer about this?

I have not.

Lawyer's Assistant: What steps have you taken so far?

I haven't done any more than I mentioned in the above. I just got the letter.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think that is it.

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Answered in 1 hour by:
3/22/2018
Sean K
Sean K, Lawyer
Category: Legal
Satisfied Customers: 442
Experience: Attorney/Member in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

I am sorry that you are experiencing this issue. First, I believe that you received that letter just to intimidate you. If the debt is for $50.00 it is unlikely that an attorney would be contacted to personally write a letter. That is far less than what it would likely cost an attorney to write a letter like that and if you do get a letter from an attorney, then it is likely just a generated form letter and while threats can be made, letters from an attorney are only information and opinion and do not carry the weight of a summons from a Court or the like.

Now, what should you do. I would get a copy of the 10/24/17 check from the bank. I would get the information on the December 2017 check and show the cashing problem. I would write a letter to the management office and either mail it certified mail or hand deliver it. The letter should, as you set out above, once again explain everything and reference the checks. It should also reference the threat of the "collections letter" from the attorney and point out that it is unnecessary as the matter should be resolved.

Address that with this explanation you will consider the matter closed.

Keep a 2 copies of the letter and the checks.

Hopefully that will end it; however, if you do get a letter from the attorney, mail one of the copies of the letter and checks to the attorney and ask the attorney to explain to their client that the matter has been resolved and that you spoke to the representative about it prior to the initial letter even being sent.

This should address this matter to conclusion. However, I would, as I always do in these situations, encourage people to double check to make sure there are no monies owed.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

Sean K
Sean K, Lawyer
Category: Legal
Satisfied Customers: 442
Experience: Attorney/Member in Private Law Firm
Verified
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Customer reply replied 1 month ago
Thank you for your prompt answer and advice.

You are certainly welcome and it was my pleasure!

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Category: Legal
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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