What is the name of your state (only U.S. law)? New york
A quick summary - a friend of 15 years gave me 400$ in 2011. This was not a loan as I have helped her out during those 15 years in the form of money and letting her stay at my house. Maybe three months after the fact we had a falling out and she demanded her money back. She has been harassing me through text messages since. Every few months popping up saying very hurtful things without provocation. She even went to the police station and had a police officer call me to tell me to stop messaging her; that it was criminal harassment. Seven months ago she started it again and I went over to her house with a check for 400 so that she would leave me alone. The next day after realizing that I was being bullied into giving her this money I put a stop payment on the check. I am now been sued for this 400$ in small claims court. After breaking down emotionally I sent a message to her to come get her money, drop the suit, as I work and cannot miss work for court. Through an act of god her sister was a client at my work the next day and I reluctantly discussed the situation with her and eventually advised me to go to court and let this play out, to not be bullied and harassed.
She claims to have two notorized statements from two people claiming they saw her give this money and that it was a loan. While they may have seen the transaction the loan part is a lie. What recourse do I have against a false statement? Do these people have to appear in court? While I don't want any damages I can prove through phone records of her harassments, is this advisable to bring to court?
I apologize if this is rather long winded. If I could spare the 400$ I would give it just to have this be done with.I just want her out of my life. I work very hard for what i have and struggle to make ends meet in lieu of medical bills and other expenses. The plaintiff is not a good person, has struggled with drug and alcohol issues, cannot hold a job, and claims she can't work because she is disabled. I have been suffering anxiety and stress over this. Any comments or advice is appreciated! Thank you
A quick summary - a friend of 15 years gave me 400$ in 2011. This was not a loan as I have helped her out during those 15 years in the form of money and letting her stay at my house. Maybe three months after the fact we had a falling out and she demanded her money back. She has been harassing me through text messages since. Every few months popping up saying very hurtful things without provocation. She even went to the police station and had a police officer call me to tell me to stop messaging her; that it was criminal harassment. Seven months ago she started it again and I went over to her house with a check for 400 so that she would leave me alone. The next day after realizing that I was being bullied into giving her this money I put a stop payment on the check. I am now been sued for this 400$ in small claims court. After breaking down emotionally I sent a message to her to come get her money, drop the suit, as I work and cannot miss work for court. Through an act of god her sister was a client at my work the next day and I reluctantly discussed the situation with her and eventually advised me to go to court and let this play out, to not be bullied and harassed.
She claims to have two notorized statements from two people claiming they saw her give this money and that it was a loan. While they may have seen the transaction the loan part is a lie. What recourse do I have against a false statement? Do these people have to appear in court? While I don't want any damages I can prove through phone records of her harassments, is this advisable to bring to court?
I apologize if this is rather long winded. If I could spare the 400$ I would give it just to have this be done with.I just want her out of my life. I work very hard for what i have and struggle to make ends meet in lieu of medical bills and other expenses. The plaintiff is not a good person, has struggled with drug and alcohol issues, cannot hold a job, and claims she can't work because she is disabled. I have been suffering anxiety and stress over this. Any comments or advice is appreciated! Thank you