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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.
I'm sorry, I don't understand your facts. Can you rephrase that part about the letter and explain it again?
I understand now.
Why did you write the letter stating that if it wasn't true? What was the purpose of the letter?
She can definitely try to use it and then it is just a matter of who the court believes. There are ways to beat the claim by doing discovery and then hiring an accountant to go through the records and prove that there wasn't a payment made but it's not necessarily an easy thing to do.
She's incorrect. A notarization only means that the person who signed the documents is the person they claim to be. In other words, the notary is just confirming an identity as you state.
While the letter will be admissible it is not necessarily "all she needs". You can still tell the judge your side of the story and possibly convince them that she is lying. In addition, as I mentioned above, there are other things that can be done to help prove she is lying like doing discovery so that she has to provide some type of statement as to how she claims she paid you for the 12 months and then using the records to show she did not.
If you use an attorney they will know what all to ask for and to do plus you can countersue for your attorney's fees since this is really a breach of contract type of case.
If you decide to represent yourself then there are some books like the ones at this link which tell you how to do discovery, etc. If you are going to represent yourself let me know and I'll give you a recommendation as to which of those books you should get to start preparing. I recommend those both because they are inexpensive and because they are extremely good and not filled with a lot of fluff.
What state is this in? Different states have different limits in their small claims courts and I don't see a state listed on this question.
I'm going to be away form the computer for just a couple of minutes. As soon as I return if you've provided the state I will look up the jurisdictional limits of the small claims court.
In Virginia the small claims court limit is $5000 so she would either have to ask for that amount (maximum) or file in a different court. A lawyer isn't likely to be interested in the case on a 5 basis so my guess is she would ask for $5000 so she could file in small claims.
Yes, if she files the case it would be a month or two at minimum before she could get a trial and probably longer. With the allegation she is going to make you would want to ask the judge for time to do discovery if the court doesn't automatically allow it.
That should have been a % symbol in the prior paragraph, not a 5
I have no way of knowing that. I would think she would want to be careful about getting into court with CPS issues.
What you may want to consider is hiring a local lawyer to write her a letter and threaten her with criminal charges for perjury if she files the lawsuit, etc. Plus, they can hint that she will have to be under oath if she files the lawsuit and then she could be asked questions that CPS might be interested in and that the lawyer will inform CPS to be there to hear what she says. The lawyer can do this in such a way that they aren't breaking any laws and it may make her back off.