Do I take this situation to court?
I woke up one day and found my ex standing inside my house, she had broken in (this was not the first time). I went to her job (since she was supposed to be at work), and informed management. They confronted her, and she got mad and quit.
I woke up the next morning and my car was keyed up, as well as another car that belongs to my friend. I confronted my ex and she claimed she did not do it "but her cousin did". She agreed to settle out of court because all the evidence pointed at her.
I typed up a document stating what damages she needs to pay, how much she needs to pay, and when she needs to pay by. We both signed it and had it notarized.
Now she does not want to pay.
What do I do next? Will this signed agreement suffice to make the court force her to pay for my damages?
Answers:
Settlement agreements are typically inadmissable as evidence of liability, in order to go forward you should get a lawyer and consider filing a complaint. Beware of the potential for a counter suit on defamation since you went to her work and informed management, which led to her severance. She could claim your actions defamed her image at work creating a hostile environment. This does not change the fact that you appear to have a claim for the damage to your car as well as civil trespass and harassment. Call the bar association in your area for help finding a lawyer.
Small claims court can handle that. since she signed an agreement she is bound by law to uphold that agreement. you can take her to court as well as place judgements against her, freeze her accounts and garnish her wages...have fun
You should have filed a police report for each incident. If you did not then you can't do anything about it.
If you did do that then I would consider bringing a civil suit against her, depending on how much the damages are worth.
yes i take it to small claim court,
I believe that document that you two signed is legal and binding because you had it notorized and the notorizer is a witness. Also, I think you could use her ex management also as witnesses
Take her to court. ASAP
She sounds like she needs professional help. You should consider changing your locks and getting a home monitoring system next time she tries a stunt like that the police will come out and she will get arrested IF ... you press charges That may be what she needs to know that your serious.
Yes. Unless she proves you pressured her.
Just don't mention your showing up at her work. You were not supposed to do that.
They will want to see the police reports.
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