QUESTION
How can I prove that I paid them in full so that they can’t come back and say I never paid them back?
Asked on Feb 05th, 2013 on Bankruptcy - New Jersey
More details to this question:
I'm paying someone back who has harassed me over a gift they gave me but now they say it wasn't a gift, they need the money and want to take me small claims but they don't even live in the same state as me. I plan to pay them back in the next week with inheritance money. I would also like to state an agreement with this person that they are never to contact me again after repayment and that they understand that if they do legal actions will be taken against them because they have made my life pure hell.
7 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
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Get a receipt and release stating the dispute is over, payment agreed upon and paid in full BEFORE you pay them.
Answered on Feb 07th, 2013 at 8:00 PM
Donald C. McLeaish
Sounds like extortion but, there is no way to stop others from harassment even lawsuits don't. As those people normally don't care and it is not a criminal offense unless bodily harm is threatened. Life is full of demands and succumbing to false demand means you will probably have more.
Answered on Feb 07th, 2013 at 1:13 PM
Have them sign a release.
Answered on Feb 07th, 2013 at 1:12 PM
Family Attorney serving Henderson, NV
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Harris, Yug & Ohlinger
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A gift is a gift is a gift. Proving it is context specific - a piece of jewelry, for example, is usually presumed to be a gift. Other things are harder to prove, but Plaintiffs (the person bringing suit) have the burden of proof. To prove settlement, you write a settlement agreement, and both parties sign. Then you make payment and keep proof of payment - we usually make them sign a "receipt of check" or have a witness write an affidavit, notarized, that they witnessed payment.
Answered on Feb 07th, 2013 at 1:12 PM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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Simple, just get a receipt. From there, if they attempt to sue you or collect again, you have a receipt as proof.
Answered on Feb 07th, 2013 at 1:12 PM
Debt Collection Attorney serving Chicago, IL
Partner at
Edelman, Combs, Latturner & Goodwin, LLC
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Send them a check with a release above the place for endorsement on the back, such as "X releases all claims on account of transaction of [date]." Put the same in the "memo" space on the front and write a cover letter pointing out the release. Make sure you get a copy of the check back from your bank.
Answered on Feb 07th, 2013 at 1:11 PM
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
2 Awards
Write it up and send it to them to sign along with the payment by check, and have them sign it and return it and keep copy of it with cancelled check. Put in the writing that the cashing of the check constitutes a full release of any and all obligations that way if they cash the check but do not send it back, you are covered. Also put on the check in the memo section in full satisfaction of debt owed.
Answered on Feb 07th, 2013 at 1:11 PM