Legal Question in Civil Litigation in California
Iou resolution options
I owe money to an old boyfriend. I am willing to make payments to him as long as they are made in a manner that provides proof that he received the payment. I sent him a letter asking to get together and agree in writing on how to do this. It also said that if this isn't done within a specific time period, I will assume I owe nothing. Twice he told me we would get together and didn't show up. The time period is up and I sent a letter saying I don't owe anything and the issue cannot be brought up again.
As long as I can prove that he receiving the letters is this legally binding? What about in the court's eye? He has become very dishonest and sending money orders or personal checks in the mails not enough proof. I will not let him see my bank account information.
3 Answers from Attorneys
Re: Iou resolution options
he would still have a right to go after you on any claim not barred by the statute of limitations, or by any other defense. however, checks, money orders, etc., (so long as you can prove they were negotiated) are evidence of your payments.
Re: Iou resolution options
No.
Checks are the best proof since when negotiated they leave a paper trail. If you want to prevent him from having your account information, open a new account, preferably at another bank and keep you existing account just to make the payments.
Re: Iou resolution options
Your note has no legal effect since he did not agree to it and since you had no authority to impose such conditions upon him.
If you are reluctant to use personal checks, send cashier's checks or money orders, and use certified mail with a return receipt to prove that he accepted delivery.
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