|
Dear Catherine,
Good p.m. If you have a copy of the judge's orders:
(a) awarding you damages
(b) dismissing defendant's appeal on account of defendant's failure to appear
you should make copies, and send them to the dealer - USPS Certified Mail, with Return Receipt [the green card] - with a letter, neutrally worded, demanding that they send you a check for the amount owed.
The letter might read:
Re: Catherine vs. Dealership, XXX Court, Docket #____________
Dear Mr. _____________
May this find you well. For your ease of reference, I enclose an copy of an order signed by Judge XXX, of the YYY Court, according to which you are required to pay me the sum of $z,zzz.zz. I also enclose, a copy of an order signed by Judge VVV of Court NNNN, dismissing your appeal.
Unless you propose to avail yourself of further legal remedies, please send me [[[pay into Court (if that is specified in the judge's order)]]] a Bank Cashier's check for $x,xxx.xx, the amount specified in the Court's order.
If you file further appeals, I will file cross-appeals, and introduce further evidence, which might enhance your liability. If I have to involve a lawyer, I will certainly ask the Court to award me those costs.
You can speedy conclude this sad matter by [forwarding to me / paying into court] the sum of $x,xxx.xx, in the form of a Bank Cashier's Check
Yours sincerely,
Catherine XXXXXX
You should get copies of the Court orders, preferrably with the Court's seal impressed into them. Send photocopies: keep the originals.
Use USPS Certified mail, with a return receipt, so that you can be sure the dealer gets your letter. Send the letter to the owner/president of the dealership.
I infer from the fact that neither the dealer nor his lawyer appeared in Court, that they don't have a lawyer. Few lawyers want to have to explain their non-appearance to a Judge. A lawyer's failure to appear is unseemly - it suggests incompetence or discourtesy to the Court. Even if the lawyer can only tell the Judge, "Your Honor, I have no instructions from my client", the lawyer needs to be there to say that.
Hope this helps.
Yours faithfully,
spook
|
