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  1. #1
    Join Date
    Jun 2015
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    27

    Default What Exactly Qualifies As "Tender Payment" when It Comes to Settlement

    My question involves court procedures for the state of: Florida

    Payment was due on July 16, but now "the check is in the mail". Supposedly sent via certified mail on July 13 and tracking shows item in transit (originated in Jacksonville, destination Orlando). Essentially getting \_(ツ)_/ from defendant's counsel.

    Civil case was a trust matter; attorney named as defendant had defense provided by professional liability coverage. Insurer not named as defendant, but is named in the settlement agreement, specifically stating the agreement is binding on the named insurance company.

    I tend to think of tendered as being delivered, but won't assume anything when it comes to legal matters.

  2. #2
    Join Date
    Mar 2013
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    18,147

    Default Re: What Exactly Qualifies As "Tender Payment" when It Comes to Settlement

    Tendered is when the check gets sent. You've confirmed via tracking that it was sent before the due date and is in transit. I often buy things online that take one to two weeks by ground transportation even when it's in the same state. It's only been 12 days. Be patient. Nobody is doing anything wrong to you. Keep checking the tracking feature. Understand that you'll probably have to sign for it when it gets to you. If you aren't home you'll get a delivery slip and have to go pick it up or wait for the next delivery.

  3. #3
    Join Date
    Nov 2013
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    6,989

    Default Re: What Exactly Qualifies As "Tender Payment" when It Comes to Settlement

    Tendered means in this case when it was delivered to the USPS and postmarked.

    The last certified letter I sent was on July 8th and it was delivered on July 15th and it was in state. So it appears the mail is running slowly.

  4. #4
    Join Date
    Oct 2006
    Posts
    16,377

    Default Re: What Exactly Qualifies As "Tender Payment" when It Comes to Settlement

    Quote Quoting budwad
    View Post
    Tendered means in this case when it was delivered to the USPS and postmarked.

    The last certified letter I sent was on July 8th and it was delivered on July 15th and it was in state. So it appears the mail is running slowly.
    July 13th was 12 days ago. I think it's time to at least initiate an inquiry with the post office, and not just via online tracking.

  5. #5
    Join Date
    Nov 2013
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    6,989

    Default Re: What Exactly Qualifies As "Tender Payment" when It Comes to Settlement

    USPS tracking of certified mail give you the history if you click on history every time the letter is scanned. I don't think calling the post office will yield any more information than "in transit". It's the same database.

  6. #6
    Join Date
    Oct 2006
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    16,377

    Default Re: What Exactly Qualifies As "Tender Payment" when It Comes to Settlement

    Quote Quoting budwad
    View Post
    USPS tracking of certified mail give you the history if you click on history every time the letter is scanned. I don't think calling the post office will yield any more information than "in transit". It's the same database.
    At some point however, if it is not moving, its going to be considered to be lost. Unless someone contacts the post office and initiates an inquiry, nothing is going to get done to declare it lost so that the payment can be reissued.

  7. #7
    Join Date
    Mar 2013
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    18,147

    Default Re: What Exactly Qualifies As "Tender Payment" when It Comes to Settlement

    Quote Quoting llworking
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    At some point however, if it is not moving, its going to be considered to be lost. Unless someone contacts the post office and initiates an inquiry, nothing is going to get done to declare it lost so that the payment can be reissued.
    True. But up to two weeks for ground transport is not unheard of these days.

    Hence the term "snail mail."

  8. #8
    Join Date
    Jul 2018
    Posts
    2,572

    Default Re: What Exactly Qualifies As "Tender Payment" when It Comes to Settlement

    You didn't provide us with any quote from the settlement agreement, but I think it is reasonable to be concerned about something put in the mail on 7/13 not having arrived by 7/25 - especially when it's only going less than 150 miles.

    I would suggest that, if you don't receive the check early this week, you discuss with your attorney whether you should request that a stop payment be put on the first check and a new check sent by something like Fedex.

  9. #9
    Join Date
    Jun 2015
    Posts
    27

    Default Re: What Exactly Qualifies As "Tender Payment" when It Comes to Settlement

    Quote from the settlement agreement: "The Settlement Amount will be paid within twenty-one (2 1) days after the Effective Date."

    Needless to say, our attorney is not pleased, especially because he was told on June 29 that the check was being sent the next day, so it appears that the law firm has been sitting on funds for a while.

    I agree it is reasonable to be concerned, and yes, I am. Who knows when or if the certified mail will ever be delivered?

    What burns me with this is that we thought we were seeing the end of the road with litigation and now our attorney has to put time and billable hours into us chasing this down.

  10. #10
    Join Date
    Jul 2018
    Posts
    2,572

    Default Re: What Exactly Qualifies As "Tender Payment" when It Comes to Settlement

    Quote Quoting GCharlie
    View Post
    Quote from the settlement agreement: "The Settlement Amount will be paid within twenty-one (2 1) days after the Effective Date."
    Ok, then why do the words "Tender Payment" appear in quotation marks in the subject header of this thread?

    Regardless, this is a poorly drafted sentence. It would have been much better to wrote something like, "____ will pay the Settlement Amount by personally delivering or sending by Federal Express or similar overnight courier, not later than 21 days after the Effective Date, a check for the Settlement Amount."

    Was July 13 within 21 days after the Effective Date? If so, then putting the check in the mail on that date complied with the quoted language.

    As indicated in my previous response, you ought to discuss with your attorney whether you should request that a stop payment be put on the first check and a new check sent by something more reliable than the USPS.

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