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Question about oral agreement and false written statements

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Jbh99

Junior Member
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
 


swalsh411

Senior Member
The bottom line is that you illegally stopped payment on a check. If she sues you in small claims, she will likely win. She could also file a police report if you don't make good on the check immediately. Despite what many people think, you can't just "change your mind" and stop payment. It's a negotiable instrument, and your signature is a promise to pay.
 

justalayman

Senior Member
The next day after realizing that I was being bullied into giving her this money I put a stop payment on the check.
I'm not going to even bother to check but simply say: stopping payment on a check without a valid reason is a crime in many states. You did not have a valid reason to stop payment on the check.

You wrote a check and then stopped payment on it. You called her and said to come get your money, then you refused to follow through.


What are you going to say when the court asks: if you did not owe her the money, why did you write the check and why did you tell her to come get her money? Those actions are pretty damning, even without the hearsay testimony of the affiants.




y I sent a message to her to come get her money,
 

BL

Senior Member
Emotions have no bearing in the courts decision.

You wrote a check ,stopped payment then again said to come get the $400.00.

The plaintiff no matter what the background , no matter what type of person will not matter.

The plaintiff will more than likely win $400.00 plus the cost of filing ( court cost ).

Do you have any valid proof the plaintiff owes you money ?

If so file a counter claim.
 
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Jbh99

Junior Member
Thanks for addressing my actual question regarding the documents, or not. I didn't realize the contractual issues with a check, good to know going forward. I guess I'll go to court anyway expecting to fork over some money. Thanks again.
 

You Are Guilty

Senior Member
I didn't clink the link but under $1k should be like $15. Offer to settle for the $400 and tell her that the time she saves in not having to go to court (potentially multiple times if this was in NYC) is worth more than the $15.

And to answer the original question, you object to any "false affidavits". Being small claims, there is a 50-50 chance the court will accept them anyway, so be sure to fully explain why they are bogus in case the judge decides to accept them.
 

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