Quick question
Fri, 01/09/2009 - 11:54pm
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Ok I have a quick question for our resident legal experts. I am currently suing a couple of guys in small claims court for "payment of service rendered". Anyway today a UPS package arrived, it was addressed to me but it was not ordered by me & who ever did place the order is not listed anywhere on the package. But for the sake of this question let's say it was sent by one or both of the two guys who owe me money, if by my accepting this UPS package today, have I inadvertantly/unknowingly accepted payment for services rendered? 
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I thought the law used to be that if you received a package at your address, even if you had not ordered it, you could accept it and not pay for it.
Did you sign for the package? Is is something that they could possibly have sent to you? There are so many questions to fill in.
I am not an attorney, but i have stayed at a Holiday Inn Express.....lol
Signing for a package does not equate to agreeing to payment in full. Cashing a check that has in the memo section "Payment in Full" doesn't even equate to an agreement that the payment is agreed to be the full balance owed.
I am not an attorney nor do I play one on TV, any advice given is being done with the full knowledge of the reader that I may be wrong. You agree to hold me harmless in any and all legal matters pretaining to this advice.
There are a million reasons not to do something, you just need to find the one reason to do it.
J4F,
No I did not actually sign for the package but I did take custody of it from the driver, and yes this is definately something they would have sent, its a cast iron statuette honoring me so I am thinking its either some sort of peace offering or some legal trick to say they rendered payment.
K-Rock,
Yea that's what I was thinking too but there are just so many legal loop holes and looney case law rulings that unless your someone who actually follows this sort of crap for a living it's real hard for us layman to keep track of all the non-sense.
You might ask Paul Baylor,he might know.
Well Richard, I sure hope that cast iron thingy aint a bust of Bob!!
just kidding ya know.
the hardest part of doing nothing, is knowing when your done.
It's not an issue, I found out who was responsible for the gift & it wasn't either of them.
Which was too bad for them because I really liked the statue & had it been them that had made such a nice jesture I might have been inclined to negotiate a settlement with them for a lesser amount.
Don't sell yourself short. Make 'em pay.
Full Of Sunshine!