My question involves judgment recovery in the State of:
Recently I sued an individual for breach of contract over a business dispute. I agreed to settle out of court and this person had to send my business a payment due on the first of every month. If I did not receive payment then on the 2nd day of the month I would have to notify the individual that they were in default and that they had ten days to pay. If they did not pay i would be awarded an automatic judgement. Needless to say, to be spiteful, this individual pays me on the 11th of every month. This month they must have forgotten and sent the payment at the last minute via messenger service in which the messenger did not get to my office until after hours and nobody was there to receive payment. The payment will be redelivered in a few days and as a result will be past the due date and will be in default.
Is this person in default or because they attempted to deliver, although after hours, are within their rights even though i did not get paid in time?