[Music] what is this uh just wait something cool is going to [Music] happen he hey hey hey hey hey hey hey and welcome to facts or frauds what you are witnessing is real the participants are not actors does call the case of group five management versus rodri Smith good morning your honor Carri on beh of plaintiff Dan for Mr Weiss good afternoon how you doing what's your name sir what is the the claim in this case judge this is a non-payment of rent action with a money judgment being requested as well I'm showing that rent is dueing the amount of $1,588 core cost of $217 for a total rent retain of $185 I'm sir yes how do you intend upon paying this so yna actually uh tender payment to group bu Management on November 3D and uh my former payment was refused was what my former pay she refused payment what was your former payment a cashier check I actually have the voided check here and I'm asking for you had a yes cashier check let me see U if this is also refusal email from the landlord all right stand you know anything about the refusal payment I do not judge obviously I'm standing in for Mr Weiss I believe my client or the client was supposed to be on um my understanding was that it wasn't a cashier check it was a uh a counter or a check and the reason it would have been refused was because that he's had more than three checks come back as insufficient funds but I would ask if my if I don't see if he's on here judge from Randolph Court or group five on the zoom we don't have anybody checked in we don't um email here hang on M he has an email saying thank about the refusal well it's a text message screenshot yes it's a email screenshoted and it says from a um somebody with the last name of Aslam as L and indicating that they received the rent check in the sum of 1238 which the check that he showed me was in that in the form of an overthe counter check how must be certified funds and then as second page as the system will not accept this maybe but yeah my notes on The Ledger Show color check which is a check that's not it's one of the ones they give you from the bank and I so again that's the decision I was taking anyways that that would it was refused sir yes um is there a reason why you can't get certified funds to the landlord uh well they actually accepted December's rent from the same check your honor from my bank you said you're on her okay but if well because it it costs and my my my defense is that under Uniform Commercial Code 44025 one by tender payment uh two and three it's not applicable to this case uh and could you tell me why your honor because the UCC doesn't apply to the circumstance I'm sorry the UCC doesn't apply to this circumstance uh it's a commercial transaction y UCC does not apply okay is so where could I find this at that says that this isn't a commercial transaction that would be your assertion I'm telling you it doesn't apply to this just under for my understanding that uh the Uniform Commercial Code governs all commercial uh transactions uh in Commerce and So based off of this law tender payment is why uh my defense is that once the the tender payment was refused wrong wrong at that time the the charge or the total amount was charge even if you were to do that analysis you can't then have unjust enrichment which means that you want to move I'm sorry you can't have unjust enrichment so you'd have to move because you can't have the apartment and not pay no I mean I paid the rent I they took the exact form of payment in December sir are you going to Tender a check or no or certified funds to them I will tender I'll tender payment are you going to Tender certified funds for the 1805 so your honor um my rent is 1238 uh and just the extra $700 $600 I'm not sure where it's coming from but um if they accepted the rent payment and and from my bank in December I'm sure I don't know why they wouldn't accept it now they refuse November and then they accept it December sir yes I'm asking a very simple question yeah are you going to Tender certified funds to them in the amount of 1805 I will I will surrender uh I will submit funds certified funds to them I plan to it cost me to to do certified so I as the NSF transactions that they've had in the past so that is my question to you are you going to submit certified funds I'll submit certified funds in the amount of 1805 I um like to debate that amount because I'm not sure where that amount is coming from rent is 1238 and court cost I'm not sure what other $600 all right here's what I'm going to do yeah fendant to submit 1238 which at this point is the Undisputed amount in certified funds to the landlord no later than December 29 2023 and then we will look at the disputed amounts I will adjourn this matter to January 5th 2024 at 2m at 2PM and I would just note to you Mr Smith that if those funds aren't in I'm not hearing any additional argument I will be granting a judgment which will be for their full amount plus what will at that point be January R your honor also uh the fourth I have to work so every time that I'm coming here I'm have to take off of work and I sir I cannot help that I mean is there a way that we can set a different date that is my next day okay thank you thank you honor you can't fix stupid and thanks for joining us on faor frauds make sure you hit the Thumbs Up Button you're subscribed and ring that Bell for notifications so the next time premere a video you can me in the live chat with everyone else and leave a comment in the comment section tell me what you think and a huge thank you to our channel members Robert Bert moley Andy Chris Kelling goddess of Truth P to guacamole cw1 1960 existential angs Pats cats butcher bird Westside girl reacts Jason heeden and Buddy Parker if you'd like to become a member just hit that join button right next to subscribe or click on the link in the description and if you're still hanging around thank you I appreciate you all why not hit that Thumbs Up Button 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