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Step 1 Completed!
Ok, I didn't know exactly what to do, as people here seem to be MIA.
I went ahead and sent an Affidavit of Truth & an Invoice Letter.
I wrote in the Affidavit the facts surrounding the incidents.
I wrote in the Invoice Letter, the amounts I expect to receive.
I put in the Invoice that they had 15 days to respond.
I sent out this letter yesterday by certified mail. They received the letter today.
Boy were they pissed!! They were yelling and screaming and woke me up this morning with their cursing. I guess they thought it was a lawsuit or something and not just a letter.
Anyways, they ended up ripping the Affidavit and the Invoice up, and throwing the pieces onto my porch. I went outside and picked up the pieces and I have them in a plastic bag. They then called the cops and told them that I wrote them a harassing letter. The cops came over and asked them to produce the letter that was so harassing. They told the cop that they had ripped it up, so they couldn't prove it, but they swore that the letter was harassment. So the cop comes over to me and asks me about the letter (trying to get me to admit something because they had no evidence). I told him I had a copy of what I sent, and the ripped up pieces they gave me. I let him read it, and he just laughed. He scolded them for lying (I guess they didn't know I had a copy of it).
Anyways. Should I even wait the 15 days? Or can I use the ripped up pieces as evidence of dishonor?
The small claims limit in Missouri is $3000. I've got them owing me $980 on the affidavit and invoice. Is there a way I can multiply the damages?
Also, should I list the cop as a witness? Since he witnessed that I sent them the letter? That way they can't deny the default later?
Also, after I default them, do I just sue in small claims? Or is there a way I can get them without having to get a summary judgement?
Also, when I do decide to sue, and I file my first affidavit+invoice, and then the default, is there anything else I need to do? Do I have to file a collateral estoppel to keep them from arguing the facts in court? Or will the judge automatically know that they can't argue the facts?
Any information would be helpful. Thanks.
Andy.
P.S. Attached the Invoice & Affidavit that I sent. I will do this anytime I sent anything new to them. That way if a part of this works, everyone will be able to see exactly what was used.
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