Sorry this answer is so late. You posted to misc.legal.moderated
as well as to misc.legal. I didn't notice that, and I didn't
comply with the editing rules of misc.legal.moderated when I
posted the answer. I answered on July 6 and the rejection was
received July 10. When they reject a post, it isn't posted to any
of the cross-posted newsgroups.
Dear Group,
business to perform services for my clients. No lease or
contract was
ever made or signed. I left the property due to several disputes
over
billing with the owner, and gave written notice. I paid weekly,
due to
the fact that I was charged more for extra days being in the
business.
Upon leaving the business, the owner started telling her clients
and
people that phoned there for me that I left abrublty and that
she is
suing me and that I should be served any time. This was false. I
quickly contacted my attny. and had him send her a slander and
defamation letter stating that if she continued that we would
file
suit.
A month went by at which time, her family friend and attny. send
my
attny a letter stating that she wanted monies for such damages
to the
following:
1) $300 : a months rent for not giving her notice (I paid
weekly, no
lease)
2) $450: for replacing a table of hers that I used, she claimed
I
destroyed
(she told me she bought used 5 years earlier, and the only
thing
wrong with it when I left was that there was a wheel broken off
a
month earlier when I had returned from the weekend of not
working, at
which time she gave me a brick to support where the wheel came
off)
The true value of the desk new is $199, I can provide several
different distubitors with that same value.
3) $300: for attny fees
4) $100: for damages to the walls (when I removed sheves there
were
several small holes (8) and 2 molly holes left, she aggreed to
origianlly let me fix them and then told me the next day that
she was
having someone else do it and that she wanted $100, when I told
her I
would be in to fix them, she said not to worry about it and
that she
would take care of it herself)
5) $250: for letting my clients use her credit card machine, we
disputed this ammount the entire time I was there, she also
provided
me with several bills for each month and one to her attny, the
values
do not correlate and range from $4-30 for each month. Each
letter she
gave me had different values as well as the one she gave her
attny. I
figured the ammount out on my own and determined it to be $55.
that I
would owe her.
We gave her until 2 Fridays ago to accept my settlement offer of
$155,
$75 for a weeks notice, $55 for credit card transactions, and
$25 for
spacke and knife for walls.
She replied with filing a police report now 6 months later
saying that
I criminally intented to damage her property. Upon getting the
pictures she supplied, she is also claiming that I damaged her
flooring, and broke off another wheel to the table, as well as a
few
other things. Other than the table and the walls, the room had
no
other damage (it was only 6 x 8). These were also the only 2
things
discussed by our attnys.
I talked to the detective, and the states attny. is not taking
the
case. He also stated in my report that I felt she was trying to
scam
the insurance company for false monies.
Prior to the police report, she told my attny that we either
gave her
the monies she wanted or that she had to file the police report
for
insurance reasons. I didnt realize what she meant, since there
was no
prior reason for criminal damange.
This woman is not right in the head. My quesitons are:
1) I live in Il, how long does she have to sue me in small
claims? My
wittness might not be able to be found by the time it might go
to
court.
The case has several types of causes of action. They probably
have
different statutes of limitations. I suppose the shortest would
be
one year, but that's a guess. I took a quick look, but didn't
find a
definitive answer fast enough.
2) Should I just give her a check for the $155 I feel I owe her?
My
motive to this would be that if she did take me to court, that
if a
judgement was made it would be in this ammount. Since we had no
contract, I have to rely on paperwork, all in which she makes
herself
an unrelaibe person bc several things she submtited to her
attny,
reinforce what I say I owe her. and show that she not honest
Yes. It may be wasted money, but I can't advise against paying
it,
because you are legally obligated to pay the amount that is not in
dispute.
3) Is she commiting insurance fraud? by claiming that things
damaged
are of more value than they really are
Probably. That's the insurance company's problem, not yours.
4) Did she file a false police report? I do admit to the having
left
the holes in the walls, but the 12 other things she proported I
damaged are not true.
Based on your facts being accurate, yes. But that's the concern
of
the police, not you.
5) What can I do to get this woman out of my life?
I suggest you don't do anything. Ignore her. Stop communicating.
She will either disappear or sue. If she sues, you defend, and
file
your counterclaim for defamation or trade defamation. That's the
time
to give the matter some attention. You already did too much, with
that attorney's letter. All it got you was a demand for money
which
may well be difficult to defend. If you had let the matter lie,
it
might have been over and forgotten by now.
McGyver
