Payment Under Duress

[Rooty1]

What is the name of your state (only U.S. law)? Idaho

If I write a check and add the words, "Paid Under Duress" will that give the payee a legal reason to not accept payment?

 

[quincy]

What is the name of your state (only U.S. law)? Idaho

If I write a check and add the words, "Paid Under Duress" will that give the payee a legal reason to not accept payment?

No . . . . . . .

 

[Rooty1]

'Payment Under Duress

No . . . . . . .

Exactly the answer I was hoping for - thank you!

 

[adjusterjack]

Exactly the answer I was hoping for - thank you!

But if you think writing that will do you a damned bit of good, think again, it won't.

Everybody pays their debts or bills under some sort of duress. Think about it.

What exactly was the "duress" that you felt put under?

 

[quincy]

Exactly the answer I was hoping for - thank you!

You're welcome, Rooty1.

 

[Zigner]

I'm going to disagree with Quincy...the other party doesn't HAVE to accept your payment. Not that it matters, your games won't change the fact that you wrote the check and must make good on it.

 

[quincy]

I'm going to disagree with Quincy...the other party doesn't HAVE to accept your payment. Not that it matters, your games won't change the fact that you wrote the choke and must make good on it.

Rooty1 asked if putting "paid under duress" gives the other party a "legal reason" not to accept the payment. It doesn't.

I don't disagree with you, however, that the other party does not have to accept the check.

 

[cbg]

But if you think writing that will do you a damned bit of good, think again, it won't.

Everybody pays their debts or bills under some sort of duress. Think about it.

What exactly was the "duress" that you felt put under?

I'm guessing it was this: https://forum.freeadvice.com/neighbors-boundaries-108/cause-action-627957.html#post3432524

 

[Rooty1]

But if you think writing that will do you a damned bit of good, think again, it won't.

Everybody pays their debts or bills under some sort of duress. Think about it.

What exactly was the "duress" that you felt put under?

I am being forced to pay a $950 HOA road fee. I am not an HOA member but if I don't pay, I cannot use the road which the HOA is claiming they own.

 

[Zigner]

I am being forced to pay a $950 HOA road fee. I am not an HOA member but if I don't pay, I cannot use the road which the HOA is claiming they own.

How can they stop you?

 

[quincy]

It can help us, Rooty1, if you try to keep all of your related concerns to a single thread.

You have a lot of legal issues, all seemingly arising from ownership of the road/bridge in your area. It is getting increasingly hard to keep track of what is going on without re-reading your many threads.

 

[Rooty1]

How can they stop you?

They plan to take me to court and ask the judge for a restraining order or injunction.

 

[Rooty1]

It can help us, Rooty1, if you try to keep all of your related concerns to a single thread.

You have a lot of legal issues, all seemingly arising from ownership of the road/bridge in your area. It is getting increasingly hard to keep track of what is going on without re-reading your many threads.

Sorry Quincy; some questions related to real property while others related to civil court procedures. But you are correct, they all relate to the same giant mess

 

[Rooty1]

I'm guessing it was this: https://forum.freeadvice.com/neighbors-boundaries-108/cause-action-627957.html#post3432524

Correct but I just discovered the county is engaging in some shenanigans to create a "new parcel" which apparently will allow some sort of deed to be granted for the bridge. Bottom line, the letter says pay or stay off the road/bridge.

 

[Zigner]

They plan to take me to court and ask the judge for a restraining order or injunction.

The only way they can do that is if they can prove ownership. If they can prove ownership, then they're right to begin with.