noemi@moscom.UUCP (Noemi Berry) (02/05/86)
rmont -------------------------------------------------------------------------------- | -------------------------------------------------------------------------------- O | I, <his name>, being of -semi- sound mind and body, agree to pay -------------------------------------------------------------------------------- | <my name> the sum of $505 by Sept. 10, 1985 (her birthday). -------------------------------------------------------------------------------- | -------------------------------------------------------------------------------- O | <his signature> -------------------------------------------------------------------------------- He jokingly wrote "semi" and I asked him to cross it out, which he did, with just a line which still renders the word legible, and initialed the cross-out. He has not repaid what he owes me and I have threatened to take him to court. I will, as a matter of fact, only I need to be 100% positive that this IOU, worded exactly as it is above, scratched out on a piece of looseleaf paper, will hold up in small claims court. In New Hampshire, the defendant has a right to request a jury trial if the amount is above $500. That's OK with me, but I don't want to take the risk of the trial being postponed once I get there (we live in different states). Even if I sue for $499 and it is heard by a judge, I want to be sure this paper will hold up. He says it never will hold up: it is not a legal, notarized document. He says he'll bring in character witnesses and a lawyer - he says he knows the town judge, I'll never win. He also knows I have the truth on my side. These are my questions: 1) Is it true a lawyer in small claims really doesn't help, and can possibly hurt? He says he'll bring one, despite the legal fees. (He just doesn't believe he owes me anything (debt ends when relationship ends)). 2) How good are my chances of the paper holding up a) to just a judge; b) to a [small?] jury? 3) If I sue for the whole $505 + $35 court fees and go to a jury trial, THEN will I need a lawyer? Is my case strong enough for me to defend myself if he brings a lawyer? 4) Is the wording "agree to >>pay<<" and not "REpay" going to hurt? Or the "semi-sound body and mind"? Thanks in advance to anyone who can offer advice, previous experience, or point me in the right direction. ----------------- Noemi Berry {allegra|decvax|seismo}!rochester [!ritcv]!moscom!noemi