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Old business, finally ended

As many of you know, I have had a court action hanging over my head for over a year.

A sub-tenant moved out, and it was not a "happy-friendly" event.

I tallied up the monies I thought due her, and had my bank send her a cashier's check for 281.50 in short order.

This person later claimed they did not receive it (note, it was mailed from my bank, and I have statements to prove this). I later conceded that it WAS possible that the check was lost in the mail, and apologized for previous accusations that she had thrown it away to cause more hate and discontent. Further, she told me that, even if I had it re-issued to her, this person was still taking me to court (it was never made clear over what).

I tried to meet with the person, and was told that she would not meet me, even if it was just at my bank to get the check re-issued.

Then she got an attorney. I sent the attorney all the facts, and shortly there-after the attorney stopped speaking to the plaintiff.

fast forward 9 months...

I am served papers saying that I was being sued for $466.00. Today I went to court, and went through the mandatory first step mediaton.

She laid out her case for the mediator. I laid out my case, the proofs of mailing, emails where she said she would not meet with me, AND a tally of monies due/monies owed.

The amount by my tally, and backed up with paperwork, was $245.63 due to the person. Note, this is less than I had sent her originally, and offered to resend to her, because not all bills were yet in when I sent the first check.

I was still willing to pay this amount, but planned on countersuing for a days wages if I had to go into court. One days wages for me is more then the amount I was being sued for in the first place.

After the mediator established that my numbers were right, and strongly suggested to the plaintiff that she accept this settlement, she did. At first, the plaintiff asked that we have a confidentiality agreement, that I not be allowed to talk to people about it. I was unwilling to sign that (my word is my bond) but did agree to sign an agreement to ONLY discuss the the actual settlement. I have agreed to not make characterizations, personal attacks, etc.

So, here it is. We came to a mediated agreement. The mediated agreement was for the the amount I claimed was due, AND was for $40.00 less than I had originally offered to pay to make this go away. So, one year later, I was proven to be in the right again.

People, make up your own minds.

Mick

p.s. Let this be a lesson to all. Never mess with me on an issue of truth or fairness. I may be a harsh, unforgiving, vindictive bastard, but I'm HONEST.
Thu, February 9, 2006 - 5:19 PM — permalink - 3 comments - add a comment