What is the name of your state? CA
Need advice on piece of unwanted certified mail rec’d. Background: Contract dispute with D, hasn’t paid for almost 2 years, getting ready to take him to court. Called to leave message on him ans. machine to ask to pay. He returned call, disputing amount, and wanting to send in payments. We had previous agreement to pay only $100 a month which he never kept since 4/06, he now disputes total amount. Bottom line, he’s a deadbeat with everyone and will never pay unless ordered.
He called me back, became abusive and belligerent, threatened if I took him to court I would “regret it” and there would be “serious repercussions”. My suit is in good faith and not frivolous. On phone, I related amount I would accept in total, he disagreed, and I advised a few times no payments due to poor payment history, fraud/misrep in contract (and many other reason too long to mention). Long story short, I told him pay it all now or court, no payments and hung up due to his rage and obscenities. He called back seven times - I refused to answer. He then drove 20 miles to my house and came to the front door, then up the driveway to garage. I was so afraid I called police - why is this important…because he had left, so Sheriff went to his house to advise him never to call me or trespass again. Sheriff calls me later and says D told Sheriff he was going to post office to mail me a partial payment in spite of my refusal, certified mail. Anyway, certified letter, signature required letter arrives in my mailbox with the green certified signature card attached unsigned, postman just left it there. I can only imagine it’s likely for $100 and he owes me around $4K. He’ll never keep up payments and for obvious reasons, I want no contact with him. I have, not mentioned in entirety here, enough evidence to persuade judge to rule for total amount, even if lien is required – no payroll withdrawal as he can’t keep a job. I am in process of filing suit; sending demand letter first, then thirty days till court, so will take 60 days or more. The post office was wrong to leave the signature card attached and unsigned.
QUESTION: Now, what do I do with the letter? I know from the Sheriff it is not the full amount and I do not want to acknowledge any type of acceptance of it. Should I send it back unopened? Opened? With note? Save it for court? Or return it to the post office. I want to do the best thing to protect my rights but also to look cooperative to the Judge.
Thank you in advance for any suggestions.
Need advice on piece of unwanted certified mail rec’d. Background: Contract dispute with D, hasn’t paid for almost 2 years, getting ready to take him to court. Called to leave message on him ans. machine to ask to pay. He returned call, disputing amount, and wanting to send in payments. We had previous agreement to pay only $100 a month which he never kept since 4/06, he now disputes total amount. Bottom line, he’s a deadbeat with everyone and will never pay unless ordered.
He called me back, became abusive and belligerent, threatened if I took him to court I would “regret it” and there would be “serious repercussions”. My suit is in good faith and not frivolous. On phone, I related amount I would accept in total, he disagreed, and I advised a few times no payments due to poor payment history, fraud/misrep in contract (and many other reason too long to mention). Long story short, I told him pay it all now or court, no payments and hung up due to his rage and obscenities. He called back seven times - I refused to answer. He then drove 20 miles to my house and came to the front door, then up the driveway to garage. I was so afraid I called police - why is this important…because he had left, so Sheriff went to his house to advise him never to call me or trespass again. Sheriff calls me later and says D told Sheriff he was going to post office to mail me a partial payment in spite of my refusal, certified mail. Anyway, certified letter, signature required letter arrives in my mailbox with the green certified signature card attached unsigned, postman just left it there. I can only imagine it’s likely for $100 and he owes me around $4K. He’ll never keep up payments and for obvious reasons, I want no contact with him. I have, not mentioned in entirety here, enough evidence to persuade judge to rule for total amount, even if lien is required – no payroll withdrawal as he can’t keep a job. I am in process of filing suit; sending demand letter first, then thirty days till court, so will take 60 days or more. The post office was wrong to leave the signature card attached and unsigned.
QUESTION: Now, what do I do with the letter? I know from the Sheriff it is not the full amount and I do not want to acknowledge any type of acceptance of it. Should I send it back unopened? Opened? With note? Save it for court? Or return it to the post office. I want to do the best thing to protect my rights but also to look cooperative to the Judge.
Thank you in advance for any suggestions.
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