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  1. #29
    Join Date
    Feb 2020
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    750

    Default Re: Late Fees

    Quote Quoting Taxing Matters
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    As I said, the date of the deposit is not meaningless. You are correct in that the date of deposit by itself it won't prove the date the the check was received, but it is not necessarily "worthless" as you claimed. Along with other evidence, like evidence of the landlord's practice in depositing checks, it can be useful for proving the payment was late. The same with the date the tenant put on the check. If the date the tenant put on the check was after the date the payment was due it's pretty hard for the tenant to argue the payment was timely, after all.

    Of course that's a harder case for the landlord. But again, if the court believes him over the tenant — if the landlord is more persuasive — the landlord can still win that. It'd be better for the landlord to have more to back him up, but it's not automatic he'd lose.

    Reread what I wrote, Harold. Nowhere did I say his word was "gold". Far from it. What I am saying is that I disagree with your earlier contention that the date of deposit is "worthless". It's not worthless. A good lawyer can combine that with other evidence (if it exists) to make a good case that the payment was late. Thus, as I said before, how it goes for the landlord depends very much on the totality of the evidence presented and how convincing that evidence is. I'm not saying the landlord automatically wins. I'm saying that your statements that the date of the deposit is "worthless" and that the landlords testimony is similarly worthless is wrong. They do have value. They are evidence that can help the fact finder determine what the deal was. How much weight the fact finder puts on it is, of course, up to that fact finder (judge or jury). Each one is going to view it a bit differently. So from what we know so far the landlord isn't automatically going to win on this issue, but neither will he automatically lose as you seem to contend.

    Ah, but that's the thing, isn't it, Harold? You aren't going to be the judge that hears the case. Evidence that you would discount might not be discounted by the judge that actually hears it. Neither you nor I knows whether the judge/jury will find that the payment was late because neither you nor I have (1) seen all the evidence that will be presented and (2) know anything about the judge (or jury) who would decide the case.
    Your responses remind me of ten years ago when I sat through my friend's murder trial. I wrote a letter to the judge during the trial and it was given to the defense attorney and prosecutor. I wrote about ten points that were just not right like: "The sister of the victim thinks you got the wrong guy," and, "The defendant is left handed yet the witness saw a man use his right hand to shoot the guy."

    The whole trial was just retarded yet I had to sit there and watch a good man get lynched by the system. But anyway, I watched that prosecutor stand up with my letter in hand and make one flimsy response after another after each point. I understand now what happened, just like at my trial. It is in a lawyer's blood and duty to just say anything to rebut any point put at them, regardless of how weak it may sound. Because, to say nothing in return is the worst for a lawyer. Even a comment like "I love my mother." A good lawyer could argue that nobody loves their mother. Or that the sky is not blue. Or the best of all lawyer comeback slogans was "if the glove don't fit..." I'd bet that every lawyer saw that as the best statement of all time, yet it was total BS.

    IOW, one must be highly critical when listening to a lawyer because they argue for sport and purpose, not from truth. Nothing personal. I am not nearly as attached to what I build as my customer is. I will do anything to get the job done, just as a lawyer will say anything to win regardless of how the truth is slanted and misrepresented.

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