Payment after Judgement awarded

[vmp363]

I was awarded judgement on 4/24/12 for $869 rent & costs. May rent was added to tenants account on May 1 (687). Tenant made a payment on 5/16/12 (510) which I posted against May rent and not the judgement. No memo stating "apply to judgement" I had contacted the DJ and asked him if this was legal and he said as long as there is nothing specifically on the money order like "for LT-1/2012" then I can apply it as I see fit.

Can you site law pro or con to this procedure?

 

[mightymoose]

Since it was not the full rent amount it is left open to argument what the payment was intended for.
It seems to me you are best off applying the payment to the judgment in order to avoid dispute over that. You can still sue for another judgment on May rent if needed.
If you don't apply the payment as intended you should not expect to see any future payments.