Claims receiving different content by USPS mail

[quincy]

Greatly appreciated.

About the hand-signed agreement I sent by USPS envelope, what are my chances of winning in a court?

No idea.

 

[clarton]

Thanks for the response.

 

[Taxing Matters]

About the hand-signed agreement I sent by USPS envelope, what are my chances of winning in a court?

No way to give you any meaningful odds on this one because it will depend on what evidence each side presents on the matter and how the judge or jury deciding the case views it. It sounds like a lot of it will come down to your word versus the landlord's and in that situation the outcome mostly turns on which witnesses the judge or jury find the most convincing. Not having heard the testimony each would provide I cannot say which of you would be the more persuasive.

 

[clarton]

Thanks for detailed response.

 

[quincy]

IF this winds up in court, we can provide you tips on how best to present yourself before the judge (e.g., do not interrupt the other party, do not address the other party directly). Attitude and behavior in court can make a difference when all else is equal.

Good luck.

 

[Taxing Matters]

IF this winds up in court, we can provide you tips on how best to present yourself before the judge (e.g., do not interrupt the other party, do not address the other party directly). Attitude and behavior in court can make a difference when all else is equal.

Or better yet, have a lawyer represent you and present your case.

 

[quincy]

Or better yet, have a lawyer represent you and present your case.

For a disagreement over a lease renewal? An attorney can be consulted but hiring an attorney might be an unnecessary expense. I suppose it depends on the particulars of the property.

 

[Taxing Matters]

For a disagreement over a lease renewal? An attorney can be consulted but hiring an attorney might be an unnecessary expense. I suppose it depends on the particulars of the property.

Yes, for a disagreement over a lease renewal, particularly when, as here, it is a commercial lease rather than a residential one.

 

[quincy]

It depends on what is lost if the lease is not renewed.

 

[Taxing Matters]

It depends on what is lost if the lease is not renewed.

Part of the decision to hire an attorney is, of course, taking into account the cost of hiring a lawyer and what is at stake in the case. You seemed to just assume the OP would go pro se for this, and that's not necessarily the case. If there is enough at stake here to make hiring an attorney cost effective then the OP would be better off hiring the attorney than going pro se. I've seen people who had stakes high enough to warrant getting an attorney but, in a fit of being pennywise and dollar foolish, elect to go pro se to save a few bucks and disaster in the courtroom follows.

 

[quincy]

As I said, it depends on the particulars. I have no objection to clarton seeking help from an attorney. There should be a cost versus benefit analysis when considering whether to hire one.

If the matter winds up in court and if clarton decides to handle it without an attorney, I would be happy to provide him with what he should and should not do in court, to improve the odds of a judge deciding in his favor - when evidence on both sides is lacking.

 

[Taxing Matters]

If the matter winds up in court and if clarton decides to handle it without an attorney, I would be happy to provide him with what he should and should not do in court, to improve the odds of a judge deciding in his favor - when evidence on both sides is lacking.

So long as that amounts to general tips of things all pro se litigants should do/not do and does not stray into providing specific legal advice I have no problem with that.

 

[quincy]

So long as that amounts to general tips of things all pro se litigants should do/not do and does not stray into providing specific legal advice I have no problem with that.

It is general advice I have offered with some frequency for several years on this forum. No one on this forum is allowed to provide specific legal advice.

 

[clarton]

My only evidence is: copies of the agreement, friendly note, and USPS receipts. His only evidence is (he told me when I visited him earlier to resolve this by talking to him directly): copy of the promotional document which he falsely claims I mailed, and his wife as witness. He said, he did not keep the USPS envelope.

That property is my lifeline. I want to file in the court on my own as I cannot afford an attorney. Could you provide the tips you mentioned?

The two tips you already provided (do not interrupt the other party, do not address the other party directly) are very helpful.

 

[Zigner]

It again falls to the credibility of the parties.

In my opinion, the OP has absolutely nothing to gain by sending a sales brochure instead of the signed extension agreement. The LL obviously has more to gain by not receiving it (therwise, the LL would accept a copy a little late). In my opinion, the OP has greater credibility.