Legal Question in Landlord & Tenant Law in Alaska
Payment lost-check altered-being sued by landlord court date
We purchased a MO on 7/2 for rent payment. Not until 9/26, we found out that the MO had been cashed. We are waiting for the image to be rec'd in the mail.In the meantinme, landlord is suing us for non payment. They were informed before that we had paid, had given them a copy of the MO order check, were in contact with Mgr/Supervisor of US Postal service but still, we are getting sued for non payment - Supervisor in St. Louis,MO said she will talk to someone I need her to talk to adn so as the Mgr at our postal office. Do we have a case, are we getting evicted? Who's responsibility is it? We dropped it off at the rental office's drop box, per the manager at the rental office, someone was helping her sort the checks and probably mistakenly got thrown in the trash but come to find out, someone else had altered where it says Pay to the Order of, we have the name and address of the person, but no telephone nor do we know who this person is. We lieve in Alexandria, VA and the money order *(MO) was cashed at Commerce Bank, Cherry hill, NJ. What is our status? should we call the police there in NJ? Are we going to get evicted unless we pay? Thank you so much for your time and consideration.
1 Answer from Attorneys
Re: Payment lost-check altered-being sued by landlord court date
The eviction is based upon non-payment. SO if
you paid (delivered the check to their
custody), then they have no case. YOu should
file a "Motion for sanctions" under 8.01-271.1
for a frivolous lawsuit AFTER you inform them
that you in fact paid.
If it was entrusted into their control (their
box) then what happened after that is THEIR
responsibility.
Of course, you will have to convince the judge
that you did in fact drop off the MO on time.
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