Last year I borrowed some money from a friend with an agreement I would pay her what I could when I could to make it up. I would send the payments to her via certified mail. The last payment I sent her I received no certification notice back in the mail that she received it. Now she is taking me to court saying I owe her more than what I calculate I do. Can I take her not picking up the last payment as a refusal of payment?
2 Answers from Attorneys
Would it be so bad for you to pay this woman -- who after all took the risk of lending you money probably when no one else would -- everything she is asking for, and with a sincere apology for taking so long? And you can forget forever the idea that your performance would be excused by the court because your former friend refused to pick up a piece of certified mail. I think you should offer to meet this woman for lunch at the Dairy Queen, to understand why she thinks you owe her so much. And if you are by chance some man, who borrowed money from a woman, and if you appear in court looking all woe-begone and sorrowful and full of excuses, then judgment will be rendered against you at first sight. So -- look sharp, watch your mouth, and good luck.
You cannot assume that she declined the mail. You can, check wiht the post office if you have the receipr that you sent it. You may even be able to confirm online. You and she need to discuss how much you owe and why there is a discrpencey. Botton line is that if she did not receive that payment, you still owe it , along wit the remaining balance.