If someone e-mails you asking for money to be sent to them for alleged unreturned property or threaten to take you to small claims court for monentary value of that item and others that are unspecified plus extra for undo stress, how should one respond? Our concern is that by paying the amount we admit we have the property (which we actually don't) we are left open to other claims by this same person in the future.
Country relating to Question: United States
State (if USA): Missouri
Nothing up to this point. We have requested a lawyer here in Missouri to talk with us, but they are in deposition now.
Hello and thank you for choosing JustAnswer!Do you owe this person the money they are requesting?Can you tell me a little more about the situation?Once I have more information I will be glad to assist you.Thank you,Robert
The money in question is not owed as in a formal bill that has not been paid. The other person involved has stated that some property of hers that was at our house was not all returned after we stored it when she was moving. We returned her property after she called us thieves, and she is saying she did not give permission for us to have it at our house. The property we had of hers was listed in an e-mail, so we got a third party to help us return the bags (yes it was in trash bags, not boxes). Now she has sent another e-mail requesting us to send her $200 or she will send us to small claims court. We do not have anything else of hers, and it seems as though she is "making a wish list" because we admitted we had her stuff and returned it to her. We are not thieves.
Thank you for your follow-up.As long as you did not wrongfully take the property from her control or possession and you did not keep any of the property and you made certain that the property was returned to her then you should dispute her claims and meet her in small claims court if you must. Simply go to small claims court and tell the judge you don't have any of her property and you made certain it was all returned to her.If that is something you're not willing to do then you may try settling with her by offering to pay her a smaller amount then she has demanded in exchange for her signing a release of all legal claims arising out of this matter. make certain to get it in writing, signed by her and stating she releases all rights to legal recourse arising out of this matter, and do this before a notary public and have it notarized.I hope this has helped. please let me know if you need me to further clarify my answer and I will do my best to so clarify.Thank you,Robert
I am a licensed Attorney.
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