The Realtor Saga Continues

[legion]

In May 2010, I contracted with a "no service" realtor to put my house on the MLS. He slapped up a quickie listing in text-message speak with half the pictures I sent him and none of the wording.

After 5 months of back-and-forth (me requesting changes to the listing and him not doing them) and a dead lock box which he wouldn't service, I terminated my agreement with him, contracted with another realtor, and requested a full refund, per the contract. I ended up having to cut off his lock box with bolt cutters and have a lock smith get my key out. I filed complaints with the local realty board and the state board of professional regulation. Neither of these yielded any results.

I filed a suit in small claims court in February 2011. He failed to show, I won a default judgement. I try to seize the money from his bank account, but I find out that he cashed my check at a check-cashing place. He failed to show for the next 4 court appearances. I had him served by Champaign County's finest each time. I filed a rule to show cause to get a warrant issued for him, he showed up for that appearance and agreed to pay me $100 a month. The judge finalized the agreement at the next appearance (which brings us to July 2011), and issued an order to pay. I received payments of $100 as postal money orders in August, September, and October. I received no payment in November, and sent him a sternly-worded letter demanding $200 by December 5th or I would file another rule to show cause. I got a $100 payment in December.

In January he contacts me by e-mail and offers to pay the full amount owed, and asks for the balance. I tell him it is $322. In early February he tells me that if I sent him a PayPal request for the $322, he will send me the money. I tell him that I do not have a PayPal account and to please send a check. He agrees. I figure he is planning to at the very least screw me with PayPal fees, and possibly file a dispute so that PayPal will refund his money. Either way, I don't want this clown having my PayPal information.

When I do not receive payment by March 5th, the date by which he is supposed to have paid me in full, I file for another rule to show cause. I went to court last Friday and he failed to appear, and the judge stated that he will issue a warrant on my completion of a warrant information form.

The warrant information form requires that I give the court his date of birth, social security number, or driver's license number. I ask the clerk how the heck am I supposed to get that information? He tells me to check with the traffic desk for any citations, as they are public record. It turns out that he last had a traffic citation in McLean Country in 2002, but being over 10 years old, the original citation has been destroyed so the information in the computer is not public record. I drive out to Danvers to talk with their PD to see if they still have the ticket. It turns out that Danvers has a police officer and no police station. (I literally flagged down the cop driving around town.) He tells me that he won't be able to find a ticket that old.

I do an online search and find the court records from ticket in question, and find out his date of birth from that. I then decide to search Champaign County where he lives and find that he has over 30 traffic citations on record and has been sued 10 other times, including a $20,000 judgement for Capital One. He has no other traffic tickets after that judgement, and they are all over 10 years old.

So today I go to the court and fill out the warrant information sheet. When I get home I find a strange letter from Ft. Meyers Florida. In it, some lady from Ft. Meyers has written me a $500 check and put in the memo "Hayes Refund". John J. "Jack" Hayes is the name of the realtor I sued.

I'm not sure what to do with this check. I figure it could be one of several things:

1) He got his mom to write him the check.
2) He conned some customer that moved to Florida into writing me the check.
3) Some other scam I haven't yet imagined.

I'm super-hesitant to deposit the check. I don't want my back account information going back to the lady who wrote the check. What if he counter-sues me in Florida, I never get notification (and therefore fail to appear) and suddenly money gets seized from my back account? I figure at the very least it might be no good and I get charged a $25 service fee for depositing it. If I take it to a check-cashing place and it's no good, they will come after me for the money.

Meanwhile, the court is gearing up to issue a warrant for this guy.

I plan on calling my real-estate attorney (who also deals in contracts and fraud) on Monday, but I'm curious what the peanut gallery has to offer. I won't notify the court of payment until I know I have the money without issue, but I'm not sure how to do that.

[onewhippedpuppy]

More than likely he's conned someone - friend, family, or customer - into writing you the check. I wouldn't cash it. Besides, he only owes you $322, isn't it more about the principle of the matter by now? I'd return the check and make the ass-clown deal with the law, it's much more painful for him that way.

So is he still a licensed realtor?

[VincentVega]

That's a lot of work for $300. Time to call it quits?

[lane912]

put check int escrow untill he has to apear in court. have him explaine his plan to the judge
if the note is bad the escrow company will let you know real soon-

[Rick Lee]

Just cash the check at the bank listed on the check. Be prepared to refund him the difference if he ever gets in touch with you again.

[andyt11]

Return it to sender. Proceed with warrant. After all this, if it were me, I'd rather see him deal with the court than get the $300 anyway!

[asphaltgambler]

Originally Posted by VincentVega

That's a lot of work for $300. Time to call it quits?

+1 for me - Learned a similar some years ago about. Your time/effort/sanity has a price. MO you've spent 10 times that much already.

[krystar]

if the check is issued by a big national bank, go to one of their branches and cash it.

if check is by a local/regional bank, proceed with warrant.

[gr8fl4porsche]

Cash it and move on.

[bivenator]

You are a persistant mofo. Don't have any real advice here but it tingles the spidey senses when he over paid you. I doubt he suddenly grew a conscience.

[Gogar]

Being "right" can go two ways.

1. You can be 'right', and know you're right, and you can sleep at night.

2. You can ruin months or years of your time and get more gray hairs trying to prove that you're 'right.'

You're doing the second one.

[Rusty Heap]

how much is the house insured for and do you clean carb's often in the kitchen sink next to a 5 gallon jug of "carb cleaner"?

[ossiblue]

Return the check and proceed with the warrant. If you cash the check, that action could be construed that he paid his debt--even if the check bounces. The fact it is for more than owed, coupled with his past behavior, is too suspicious. Let the legal system deal with it if you don't mind the effort it is taking.

[legion]

Well, my name is spelled wrong on the check too. And the closest BofA branch is about 75 miles away...

[stomachmonkey]

It's not the money.

Some of us don't like getting f'd.

Once had a vacation home landlord try to screw me out of a $500 deposit.

She figured I would not bother coming after her from half way across the country.

She figured wrong.

Cost me more than the $500 but that was never the point.

Some people may call it foolish and a waste of time and money but sometimes you need to make a point regardless of cost.

[HardDrive]

I'm amazed you would expend that much energy on $322. You got taken. Go for a walk. Move on.

[chocolatelab]

Don't cash the check and move on with the warrant. At this point it appears to more about the "point" than the money. I'd google that lady in florida and have a chat. Maybe you can get florida pd to pursue for some sort of forgery.

If you have the time I say wear that jacka** out.

[wdfifteen]

I admire your persistence. Why not open a savings account at your bank and deposit the check. Wait a month. If the check turns out to be good, call it done.

[vonsmog]

You can call BofA and give them the account # on the check and see if they have enough in the account to cover the check. Then ask them to put a hold on the $500 for that check. Does not cost you anything and you have piece of mind that the check is good.

[Evans, Marv]

I'd return the check & continue with the warrant. Why drag a third party into it? Just put the check in an envelope without anything else & return it. He an't say he tried to pay you since his name wasn't on the check & it wasn't his account. I'm on the side that says kick his butt in court.