Posted by Bill Gatten on December 20, 1999 at 20:44:24:
Yes it is. But…
I would suggest calling him and ask if he intends to pay you waht he owes you. If he says “Yes,” then tell him sweetly that you have his check. and suggest that if he’d like to meet you at the bank (his), you’d be happy to hand it over to him there. This might put him on the spot enough (if you act quickly enough) to write you a check that you can cash as soon as he deposits his.
If he doesn’t cooperate there’s nothing you can do about it (you can’t keep his mail); but forcing someone into either lying or doing the right thing, I find, will often times (well…sometimes) avoid hassles later on down the road.
I was in the process of evicting a tenant for non-payment of rent. Fortunately, he left after being served a notice. However, he did leave a mess. Anyway, I stopped by the house today and checked the mailbox. Lo and behold, I found (among several unpaid bills), what looks to be a paycheck for my former tenant. I have not yet filed a judgement for damages, nonpayment, etc. against my former tenant. I intended to file a judgment just as a matter of principle, but now I am wondering if I could obtain some damages through this paycheck. I do not have a forwarding address anyway. Any input on what can be done in this situation?
Re: Rental/eviction question - Posted by D. Driver
Posted by D. Driver on December 20, 1999 at 14:14:25:
If I’m interpreting your question accurately, it sounds like you’re considering opening your former tenant’s mail, i.e. tampering with the U.S. mail (a Federal offense), and forging his signature on his paycheck. YIKES!!! If he has a job, you’re probably going to be better off letting the court go after his paycheck. File a claim against him in small-claims court, win a judgement against him, then have his wages garnished.
Posted by D.Driver on December 20, 1999 at 14:00:03:
It sounds as though you’re considering opening your tenant’s mail and forging his signature in order to cash what looks like his paycheck “BIG MISTAKE”. I have only a general common sense reply…I’d be real careful about committing forgery, not to mention tampering with the U.S. mail because that’s a Federal offense. If he has a job,why not file a claim in small-claims court, have the court enter a judgement in your favor, then have his wages garnished.
No, I am not planning on opening his mail - I agree that would be a bad thing. Given the circumstance in which he left, I doubt he is still at his old job. So, if I get a judgement against my former tenant, what could be done with this check? Or, is even having his mail in my possession illegal?