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  1. #7
    Join Date
    Feb 2020
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    750

    Default Re: How to Respond to a Demand for Payment Email I Don't Owe

    Quote Quoting Taxing Matters
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    Maybe in small claims court the judge would ask that question, but even then there is no obligation for the OP to try settling anything if he doesn't owe it so the judge shouldn't hold that against the OP. If the matter goes to superior court, the judge won't ask that question as it isn't relevant to anything and the jury certainly wouldn't hear about it. That said, there is likely no harm in responding to the company to say that nothing is owed.
    There's absolutely an obligation to make an attempt to settle it before it is heard at trial. Have you ever sued someone in small claims court before? Well, I have, three times in two different courthouses. Each time the judge requires all parties to go outside the courtroom and make one last attempt at settling it before it can be heard in trial.

    It is very unlikely that it will be heard in superior court because the OP said it qualifies for small claims court and it's just for therapy. Also, he/she said the other party likely cannot afford attorney costs. Further, in superior court, where I just sued someone, they require an MSC (mandatory settlement conference) before the case is heard in trial. So I don't know how an attorney such as yourself cannot be aware of these court protocols.

    What do you mean "there is no obligation for the OP to try settling anything if he doesn't owe it." Huh? That is silly because each party prior to trial believes they "do not owe anything." Have you ever gone to trial knowing that you would lose? Probably not. Besides, if the OP has sufficient evidence that he does not owe it, then he should supply it to the other party to put it to rest...because who wants to be dragged into court to supply it?

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