Need some advice, please

[Bele Chere]

What is the name of your state (only U.S. law)? NC
I am the plantiff in a Small Claims case.
The defendant received the property tax refund (for being charged fire tax by both the county and city) on newly annexed property we had inherited together and paid the taxes on equally. He would not give me my half of the refund. I sent a certified/return receipt letter to him asking for payment. After 5 weeks with no response, I sent a second certified letter, which he did not pick up, even after several notices from the Post Office in his mailbox. A few days after it was returned to me unclaimed, I received a letter from the defendant stating that he would only send my refund through a lawyer and was going to deduct from my half the $29.00 in interest he was charged because he paid his half of the tax late (I paid my half 2 months early).
I then sent another certified letter (which he picked up the following day) telling him that no lawyer was needed and it wasn't my fault that he was charged interest, and that if he didn't send my full refund amount ($250) to my address within 10 days I would take him to Court. I also told him I felt he was responsible for a charge of $60 on the property that I paid because of his negligence (I was not asking for it, just letting him know it). There was no response from him because he didn't think I would really take him to court, but after waiting 15 days I filed in Small Claims court. By that time, I was so disgusted by his lack of response that I also added in the $60 to the $250 and asked for Court costs when I filed (an additional $85.) He was served the Summons a few days ago.
Today there was a notice in my P.O. box of a certified letter from the defendant. This is what I need advice on:

A) Am I under any obligation to pick up this letter? The defendant my have decided to send the refund amount....but I am suing for more, including court costs I had to pay.

B) If I do pick it up and there is a check for part of what I am suing for, do I cash it and then notify the Court of the partial payment and continue on with the Court date to get the remaining amount?

Thank you for your help.What is the name of your state (only U.S. law)?

 

[BL]

What is the name of your state (only U.S. law)? NC
I am the plantiff in a Small Claims case.
The defendant received the property tax refund (for being charged fire tax by both the county and city) on newly annexed property we had inherited together and paid the taxes on equally. He would not give me my half of the refund. I sent a certified/return receipt letter to him asking for payment. After 5 weeks with no response, I sent a second certified letter, which he did not pick up, even after several notices from the Post Office in his mailbox. A few days after it was returned to me unclaimed, I received a letter from the defendant stating that he would only send my refund through a lawyer and was going to deduct from my half the $29.00 in interest he was charged because he paid his half of the tax late (I paid my half 2 months early).
I then sent another certified letter (which he picked up the following day) telling him that no lawyer was needed and it wasn't my fault that he was charged interest, and that if he didn't send my full refund amount ($250) to my address within 10 days I would take him to Court. I also told him I felt he was responsible for a charge of $60 on the property that I paid because of his negligence (I was not asking for it, just letting him know it). There was no response from him because he didn't think I would really take him to court, but after waiting 15 days I filed in Small Claims court. By that time, I was so disgusted by his lack of response that I also added in the $60 to the $250 and asked for Court costs when I filed (an additional $85.) He was served the Summons a few days ago.
Today there was a notice in my P.O. box of a certified letter from the defendant. This is what I need advice on:

A) Am I under any obligation to pick up this letter? The defendant my have decided to send the refund amount....but I am suing for more, including court costs I had to pay.

B) If I do pick it up and there is a check for part of what I am suing for, do I cash it and then notify the Court of the partial payment and continue on with the Court date to get the remaining amount?

Thank you for your help.What is the name of your state (only U.S. law)?

It's not going to do you any good by not picking it up and seeing what it contains .

If you happen to get an offer to settle before court and you do not want to negotiate ,make sure there is no language stating you'll agree to a lesser amount in any way shape or form ,before cashing any tender.

Since you have pd. for filing ,you should see it through .

 

[Bele Chere]

If there appears to be any language in the letter implying that by accepting the check, I agree it is payment in full.....should I keep the check, not cashing it, or should I return it with a "see you in Court" response?

I will not negotiate for a lesser amount. This person has tried to cheat me several times and filed frivilous lawsuits against me...and he has lost every time. He didn't think I knew there was to be a refund from the City and decided to keep the full amount, not beliveing that I would file a suit against him. Now he will discover his deceit will cost him even more.

 

[BL]

If there appears to be any language in the letter implying that by accepting the check, I agree it is payment in full.....should I keep the check, not cashing it, or should I return it with a "see you in Court" response?

I will not negotiate for a lesser amount. This person has tried to cheat me several times and filed frivilous lawsuits against me...and he has lost every time. He didn't think I knew there was to be a refund from the City and decided to keep the full amount, not beliveing that I would file a suit against him. Now he will discover his deceit will cost him even more.

You should keep it professional .

Really though ,when is the court date ?

When will you be able to pick up the Certified mail ?

Pick it up and post back the contents if possible before the court date .

 

[Bele Chere]

I can pick up the letter as early as tomorrow, but was thinking about waiting until just before the P.O. is ready to return it to him as unclaimed (15 days), just to make him think I'm ignoring it, as he did with my letters to him. If there is a check, he only sent it because he thinks he can avoid court and not have to pay more than just the original refund he owes me. He has had over 3 months to send me my half of the refund.

Court date is set for July 21

 

[BL]

I can pick up the letter as early as tomorrow, but was thinking about waiting until just before the P.O. is ready to return it to him as unclaimed (15 days), just to make him think I'm ignoring it, as he did with my letters to him. If there is a check, he only sent it because he thinks he can avoid court and not have to pay more than just the original refund he owes me. He has had over 3 months to send me my half of the refund.

Court date is set for July 21

Take the high road and don't play the games.

The more professional ,confident,cool and collective you appear ,the better .

You do not even have to respond to the letter .

You could return any funds less the full amount ,or keep it for court.

 

[Bele Chere]

I picked up the letter today. There was a bank check for much less than even my half of the fire tax refund. Also included was a copy of the tax bills and copies of the late fees (interest) he was charged. He not only deducted his interest charges on that property, but on another which has a separate PIN and whose tax is paid by the lessee (the defendant now owns that piece of land and has always received all the income off of it, I have no connection to it). His reasoning is that he didn't get a tax bill from the City and it's my fault because I didn't send him one.
What happened is that, in the past, the tax bills were sent to my address and I sent him copies. However, he changed the address of record to his (not informing me) and when the tax bills didn't arrive I requested copies from the tax offices (I have copies of the letters and emails to/from the offices) Apparently the City didn't send him a tax bill (County did,though) and he blames me. I informed him in my certified letter that was not responsible for his stupity..... he got the tax bill from the county and if he hadn't gotten a copy from the city, he had 3 months from the time they were mailed out until the time they were due, to ask for one. I had no way of knowing that he didn't get a copy of the City tax bill.
I also got a call yesterday from the Sheriff's office that he wasn't served until Tuesday...so this letter from him was mailed the day before he learned of the Small Claims Case...which is why there was no comments from him.

So.....more advice, please:

Do I need to contact the Court that I have received a partial payment, or can I just inform the Magistrate at the trial?
The check was for less than half of what I am suing for and I am also asking for Court costs. I don't indend to cash the check before the trial day, but I see no reason to mail it back to the defendant as there was nothing to indicate that by accepting it I was agreeing to settle for that amount.

 

[BL]

I picked up the letter today. There was a bank check for much less than even my half of the fire tax refund. Also included was a copy of the tax bills and copies of the late fees (interest) he was charged. He not only deducted his interest charges on that property, but on another which has a separate PIN and whose tax is paid by the lessee (the defendant now owns that piece of land and has always received all the income off of it, I have no connection to it). His reasoning is that he didn't get a tax bill from the City and it's my fault because I didn't send him one.
What happened is that, in the past, the tax bills were sent to my address and I sent him copies. However, he changed the address of record to his (not informing me) and when the tax bills didn't arrive I requested copies from the tax offices (I have copies of the letters and emails to/from the offices) Apparently the City didn't send him a tax bill (County did,though) and he blames me. I informed him in my certified letter that was not responsible for his stupity..... he got the tax bill from the county and if he hadn't gotten a copy from the city, he had 3 months from the time they were mailed out until the time they were due, to ask for one. I had no way of knowing that he didn't get a copy of the City tax bill.
I also got a call yesterday from the Sheriff's office that he wasn't served until Tuesday...so this letter from him was mailed the day before he learned of the Small Claims Case...which is why there was no comments from him.

So.....more advice, please:

Do I need to contact the Court that I have received a partial payment, or can I just inform the Magistrate at the trial?
The check was for less than half of what I am suing for and I am also asking for Court costs. I don't indend to cash the check before the trial day, but I see no reason to mail it back to the defendant as there was nothing to indicate that by accepting it I was agreeing to settle for that amount.

Take the check with you to show the amount you received .

In the meantime see if he replies again .

 

[Bele Chere]

Thank You.

I will post if I hear from the Defendant again.

 

[latigo]

I understand your frustrations, but there is no need to fret.

Don’t negotiate the check. Continue on with your small claims case.

You don’t need to mention to the court the fact that that he offered a compromise settlement. His offer to settle for a lesser figure than you are asking is not admissible evidence for any purpose, neither in his favor or yours.

However, if in any of his correspondence he admits receiving the property tax refund, that would be relevant and admissible evidence to prove your claim.

Don’t make this any more complicated than it is.

Just make sure that you are able to show the court that:

(1) The two of you owned the property in equal undivided ownership;
(2) That he received a refund representing taxes that you equally paid and;
(3) He refuses to split it with you.

Do that and you will have made a prima facie case putting the ball in his court.

Good luck