Attorney Harassment - They are under ethical rules, right?

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Re: Attorney Harassment - They are under ethical rules, righ

Unread postby TJinCA » Wed Jan 10, 2018 6:10 pm

dad2grls wrote:
ib536 wrote:Send them a check for the 1st partial payment and mark it "Payment in Full", then see if they'll cash it!

If they do, great!

http://forum.mensdivorce.com/viewtopic.php?f=8&t=80101#p920085



Did you even read the case law that your link references?

The plaintiff- the one who cashed the check that was written paid in full even though it was not paid in full - WON.

The defendant- who tried to pull a fast one by writing paid in full on a check that was actually for partial payment- LOST.

Good way to start a war, make a partial payment and label it paid in full. You think his phone won't be ringing?


Need to read all the way to the bottom of the case, as it's a record of an appeal. Plaintiff won at trial, but on appeal error was found and the case was remanded and judgment ordered for defendant.

"Both under prevailing common law principles, and under the Uniform Commercial Code, the parties in this case negotiated a contract of accord whose satisfaction discharged the defendant from any further monetary obligation to the plaintiff. The plaintiff might have avoided this result by returning the defendant's check uncashed, but could not simultaneously disregard the condition on which the check was tendered and deposit its proceeds in the plaintiff's bank account.

There is error, the judgment is set aside and the case is remanded with direction to render judgment for the defendant."
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Re: Attorney Harassment - They are under ethical rules, righ

Unread postby lionel2013 » Wed Jan 10, 2018 7:45 pm

2016 was the year of Amazon for me. In 2017 I moved into Caterpillar. CAT still has room to hit 180 which is what JP Morgan raised them to recently. Hopefully my fellow divorced dads have been all in on this bull market run


If you really were a savvy investor you would not invest in individual stocks hoping to hit the jackpot. Else, you wouldn't be here worrying about how much money you're supposed to pay when, and why the OC is supposedly harassing you [hint: he is not].

Just my two cents. Or my two one penny stocks.
Whenever you think divorce is bad, remember there are worse things than divorce.
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Re: Attorney Harassment - They are under ethical rules, righ

Unread postby dad2grls » Wed Jan 10, 2018 7:54 pm

TJinCA wrote:Need to read all the way to the bottom of the case, as it's a record of an appeal. Plaintiff won at trial, but on appeal error was found and the case was remanded and judgment ordered for defendant.


Oh, never mind.

Thanks for the clarification.
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Re: Attorney Harassment - They are under ethical rules, righ

Unread postby TJinCA » Wed Jan 10, 2018 8:00 pm

dad2grls wrote:
TJinCA wrote:Need to read all the way to the bottom of the case, as it's a record of an appeal. Plaintiff won at trial, but on appeal error was found and the case was remanded and judgment ordered for defendant.


Oh, never mind.

Thanks for the clarification.


But the defense against the tactic is easy - just refuse and return the check and continue to demand full payment.
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Re: Attorney Harassment - They are under ethical rules, righ

Unread postby dad2grls » Wed Jan 10, 2018 8:24 pm

TJinCA wrote:But the defense against the tactic is easy - just refuse and return the check and continue to demand full payment.


Sure if you know to do that. Who would have known that if you accept a check that is marked "payment in full", even if you cross out the part that says "payment in full" you are still considered to be accepting it as "payment in full" and you are relieving the check writer of the remaining debt obligation (that's what happened in the case linked above).

I sure didn't.
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Re: Attorney Harassment - They are under ethical rules, righ

Unread postby Chaos » Wed Jan 10, 2018 8:45 pm

I feel like you guys don't understand that family law isn't contract law, and family court judges aren't going to think you're as clever as you do if you pull some < feces > like this.

Unless I just accidentally walked into a BuzzFeed article and you guys already know what a crap plan this is.

"Learn this one weird trick that judges hate!"
If you can't be a good example, you'll just have to serve as a horrible warning.
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Re: Attorney Harassment - They are under ethical rules, righ

Unread postby Trevor » Wed Jan 10, 2018 8:48 pm

Snopes says < bovine scat >.
"Personal density is directly proportional to temporal bandwidth."
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Re: Attorney Harassment - They are under ethical rules, righ

Unread postby Fatheroffour » Wed Jan 10, 2018 8:58 pm

Similar theory as placing return policy on the receipt.

Under that theory, one should place such verbiage on every check and get lots of stuff for free.

Try putting it on your mortgage check and see if you get your house for free.

of course it's bs
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Re: Attorney Harassment - They are under ethical rules, righ

Unread postby Trevor » Wed Jan 10, 2018 9:07 pm

Yep. Lenders would stop lending in a hot second if it was true.
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Re: Attorney Harassment - They are under ethical rules, righ

Unread postby gamingdad » Thu Jan 11, 2018 1:16 am

gamingdad wrote:And just to be clear, you don't have a lawyer correct?
READ YOUR PAPERWORK BEFORE SIGNING! IF YOU HAVE QUESTIONS, ASK!
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