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<blockquote data-quote="rlsnights" data-source="post: 410824" data-attributes="member: 7948"><p>Um. I would attempt to remove from your communications with him any language that could be taken as judgmental or emotional. Think business letter. In a business transaction people don't say things like we feel you haven't or you've taken advantage of - at least as a general rule.</p><p></p><p>When it's a written contract and one party has failed to fulfill the terms of the agreement then that's what's said along with a statement about the remedy or consequence for failure to fulfill the contract. Hopefully those consequences were spelled out in the agreement.</p><p></p><p>For example:</p><p></p><p>Dear so and so,</p><p></p><p>This is your first and only notice regarding your eviction from the premises located at 111 ABC street, anywhere, usa. </p><p></p><p>You have failed to fulfill the terms of the contract you signed on XYZ date (see attached copy of agreement). Under the terms of the agreement, failure to meet your obligations will result in your eviction from the premises.</p><p></p><p>Therefore you have until March 5, 2011 at 5 pm (or whatever your local/state ordinances require as the minimum time for an eviction notice to take effect unless you had the foresight to spell it out in the agreement) to remove your belongings including car, furniture, clothes (whatever he has that belongs to him in your eyes) from the premises. Either (names) or (names) must be present and approve the removal of your belongings from the premises. You must notify (names) at least X hours in advance of the time you expect to remove your belongings.</p><p></p><p>The locks will be changed tomorrow at 8 am. After that you will have to make arrangements with (names) in order to enter or leave the premises.</p><p></p><p>If you fail to remove your belongings by XXX date/time then those belongings will be donated or sold or stored at our discretion. Any money generated by the sale of your belongings will be used to reduce your debt under the agreement.</p><p></p><p>Any attempt to retrieve your belongings after March 5, 2011 at 5 pm may be treated as trespassing.</p><p></p><p>Any future visits to the premises must be arranged in advance with either (names) or (names) with at least 24 hours notice or your presence on the property may be treated as trespassing. Visits to the premises after March 5, 2011 will be at the sole discretion of (names).</p><p></p><p>Regarding your debts under the agreement.</p><p></p><p>As of (today's date) you owe us:</p><p></p><p>$1000 loan on XYZ car at 0% interest (did you happen to list yourselves as lienholders on the car registration? If not, should the car get impounded and sold then you won't get anything from it so you may want to find out about doing this. If it's an old car that isn't worth much then I wouldn't bother.)</p><p></p><p>$600 two months rent</p><p></p><p>(If you didn't spell out what was going to happen with the debt in the agreement you may want to forgive the debt at this point or use different language than what follows)</p><p></p><p>You have two options.</p><p></p><p>1. Monthly repayment schedule</p><p></p><p>Amount: Monthly payments of $100</p><p>Due date and late payment date: Due by the 10th of each month and late if not paid by the 30th of each month</p><p>Repayment period: 16 months</p><p>Repayment starts: First payment due April 10, 2011, late after April 30</p><p>Form of payment and method of delivery: Payment in the form of cashier's check or money order must be delivered by US mail unless advance arrangements have been made for personal delivery of your payment. Under no circumstances will a personal check from you or anyone else be accepted.</p><p>Non-payment: If you fail to make 2 payments on time during the period of the repayment schedule the entire remaining amount of the debt becomes due immediately unless you re-negotiate the terms of this repayment schedule within 30 days of the second missed payment.</p><p></p><p>2. Lump sum payments:</p><p></p><p>Amount of payments: $400 each</p><p>Number of payments: 4</p><p>Repayment period: 16 months</p><p>Repayment starts: First payment is due June 10, 2011 late after June 30, 2011</p><p>Form of payment and method of delivery: See monthly repayment schedule info</p><p>Non-payment: If you fail to make any lump sum payment the entire remaining amount of the debt becomes due immediately unless you re-negotiate the terms of this repayment schedule within 30 days of the missed payment.</p><p></p><p>In either case, should you fail to make the payments or negotiate a new repayment schedule as described above, it is our option to go to small claims court and get a judgment against you for this debt.</p><p></p><p>(If you are lienholders on the car you also have the option to say you will repossess the car.)</p><p></p><p>We regret the need to take these actions but must do so under the terms of our signed agreement.</p><p></p><p>Signed names</p><p></p><p>cc: your attorney if you have one, his parole officer if he has one, whoever you think needs a copy of this notice so they know he is being kicked out and will be on his own</p><p></p><p>I think it would also be wise to have him sign a paper saying he received this notice on such and such date and have someone who is not a family member witness that he received the letter from you. Or you could pay for a fedex or other signature required delivery to him at his job. Notary publics are good people to turn to for this kind of service and their fees are often quite small - less than fedex. Your bank or other business may offer the service for free if you ask.</p><p></p><p>I realize this sounds like a lot of trouble to go to and you may not want to use this format. The important thing is to do your best to explicitly spell out what's going to happen no matter how things go and to get specific about things like what form of payment you will take. The less wiggle room there is the better it is for everyone.</p><p></p><p>And of course all of this is pointless if you're not actually willing to follow through. If you don't think you are going to be willing to repossess the car or go to small claims court then don't say you will do that. If you know you aren't going to get tough with him about missed payments then I would just forgive the debt now rather than keep that opportunity for conflict and continued dependency open indefinitely.</p><p></p><p>Hugs during this tough time.</p><p></p><p>Patricia</p></blockquote><p></p>
[QUOTE="rlsnights, post: 410824, member: 7948"] Um. I would attempt to remove from your communications with him any language that could be taken as judgmental or emotional. Think business letter. In a business transaction people don't say things like we feel you haven't or you've taken advantage of - at least as a general rule. When it's a written contract and one party has failed to fulfill the terms of the agreement then that's what's said along with a statement about the remedy or consequence for failure to fulfill the contract. Hopefully those consequences were spelled out in the agreement. For example: Dear so and so, This is your first and only notice regarding your eviction from the premises located at 111 ABC street, anywhere, usa. You have failed to fulfill the terms of the contract you signed on XYZ date (see attached copy of agreement). Under the terms of the agreement, failure to meet your obligations will result in your eviction from the premises. Therefore you have until March 5, 2011 at 5 pm (or whatever your local/state ordinances require as the minimum time for an eviction notice to take effect unless you had the foresight to spell it out in the agreement) to remove your belongings including car, furniture, clothes (whatever he has that belongs to him in your eyes) from the premises. Either (names) or (names) must be present and approve the removal of your belongings from the premises. You must notify (names) at least X hours in advance of the time you expect to remove your belongings. The locks will be changed tomorrow at 8 am. After that you will have to make arrangements with (names) in order to enter or leave the premises. If you fail to remove your belongings by XXX date/time then those belongings will be donated or sold or stored at our discretion. Any money generated by the sale of your belongings will be used to reduce your debt under the agreement. Any attempt to retrieve your belongings after March 5, 2011 at 5 pm may be treated as trespassing. Any future visits to the premises must be arranged in advance with either (names) or (names) with at least 24 hours notice or your presence on the property may be treated as trespassing. Visits to the premises after March 5, 2011 will be at the sole discretion of (names). Regarding your debts under the agreement. As of (today's date) you owe us: $1000 loan on XYZ car at 0% interest (did you happen to list yourselves as lienholders on the car registration? If not, should the car get impounded and sold then you won't get anything from it so you may want to find out about doing this. If it's an old car that isn't worth much then I wouldn't bother.) $600 two months rent (If you didn't spell out what was going to happen with the debt in the agreement you may want to forgive the debt at this point or use different language than what follows) You have two options. 1. Monthly repayment schedule Amount: Monthly payments of $100 Due date and late payment date: Due by the 10th of each month and late if not paid by the 30th of each month Repayment period: 16 months Repayment starts: First payment due April 10, 2011, late after April 30 Form of payment and method of delivery: Payment in the form of cashier's check or money order must be delivered by US mail unless advance arrangements have been made for personal delivery of your payment. Under no circumstances will a personal check from you or anyone else be accepted. Non-payment: If you fail to make 2 payments on time during the period of the repayment schedule the entire remaining amount of the debt becomes due immediately unless you re-negotiate the terms of this repayment schedule within 30 days of the second missed payment. 2. Lump sum payments: Amount of payments: $400 each Number of payments: 4 Repayment period: 16 months Repayment starts: First payment is due June 10, 2011 late after June 30, 2011 Form of payment and method of delivery: See monthly repayment schedule info Non-payment: If you fail to make any lump sum payment the entire remaining amount of the debt becomes due immediately unless you re-negotiate the terms of this repayment schedule within 30 days of the missed payment. In either case, should you fail to make the payments or negotiate a new repayment schedule as described above, it is our option to go to small claims court and get a judgment against you for this debt. (If you are lienholders on the car you also have the option to say you will repossess the car.) We regret the need to take these actions but must do so under the terms of our signed agreement. Signed names cc: your attorney if you have one, his parole officer if he has one, whoever you think needs a copy of this notice so they know he is being kicked out and will be on his own I think it would also be wise to have him sign a paper saying he received this notice on such and such date and have someone who is not a family member witness that he received the letter from you. Or you could pay for a fedex or other signature required delivery to him at his job. Notary publics are good people to turn to for this kind of service and their fees are often quite small - less than fedex. Your bank or other business may offer the service for free if you ask. I realize this sounds like a lot of trouble to go to and you may not want to use this format. The important thing is to do your best to explicitly spell out what's going to happen no matter how things go and to get specific about things like what form of payment you will take. The less wiggle room there is the better it is for everyone. And of course all of this is pointless if you're not actually willing to follow through. If you don't think you are going to be willing to repossess the car or go to small claims court then don't say you will do that. If you know you aren't going to get tough with him about missed payments then I would just forgive the debt now rather than keep that opportunity for conflict and continued dependency open indefinitely. Hugs during this tough time. Patricia [/QUOTE]
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