Sunday, July 12, 2009

Could $131 kill C.L.Park District deal?

Could it matter to the Crystal Lake Park District whether a deal to buy the Viking Dodge real estate could be slowed by a $131 court order?

In January Judge Michael Caldwell ordered James Samaras, Jr. and Viking Dodge to pay Wayne Beto, Marengo, $131.00. Has Beto been paid yet? Not according to Wayne Beto.

Of course, maybe the deal won't really be affected, because James Samaras, Jr. does not personally own the real estate that he'd like the Park District to pay $6,000,000 for. And Viking Dodge doesn't own it, either. The real property is owned by Samaras' limited liability company, James Real Estate, LLC.

But the Park District will want to be sure that it is dealing with a man of integrity and who has respect for the courts in McHenry County, won't it? You know? Mr. Samaras probably just "forgot" to write a check to Wayne, or maybe he didn't know where to mail it to. Or maybe he's waiting for the $6,000,000 from the Park District to roll in, and then he'll pay Wayne.

Wayne's attorney goofed, big-time, by not putting a pay-by date in the Order that Judge Caldwell signed. He should have put "within five business days and in good funds" in the Order.

Wayne could get a judgment for the $131.00, but everyone, including Mr. Samaras and his attorney, knows it would take months. Wayne would file the action, and then Mr. Samaras' attorneys would get busy with Motions against it. Eventually, Wayne would get his money and all his legal fees and expenses, but at this point it's just not worth it. And Mr. Samaras knows that.

Maybe Mr. Samaras will be a gentleman and hand his $131.00 check to Wayne on Wednesday night at the Crystal Lake Planning and Zoning Commission meeting or at Thursday night's Crystal Lake Park District Board of Commissioners meeting.

3 comments:

Kyle S. said...

Would Wayne not need to file a Lein against the property to affect it's sale? The judgement is only agaist Samaras and Viking Dodge (which is officially out of business).

Anonymous said...

Well, I'm no attorney, but usually you can't close on a property if there's a judgement/lien against it. If the $131 is against Samaras only, the property sale would most like go thru.
You just can't let this die and go away can you? I'm almost inclined to send you the f-n $131 just to shut your pie-hole. But I have that money reserved for when MJ's surplus of illicit drugs goes out on eBay!!! DOH!!!

Gus said...

M. Bulldog, why don't you go ahead to send the $131 now, and Wayne will send it back if you get a chance to buy the illicit drugs you want on eBay?

Maybe Mr. Samaras will remember that Judge Caldwell ordered him to pay (it wasn't a polite request) and do it on his own. I would be pretty sure his attorney told him about the Order, wouldn't you?