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About mattDefendant

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  1. Yes, I understand this. I sent a settlement offer but it was ignored. The Plaintiff has not filed any proof that relocation money was paid to me. During discovery I asked for all evidence showing damages but none was provided except being referred to the original contract. My proof is the written payment statements which are the final accounts stated. They show no debt owing between the plaintiff and I, and based on accounts stated doctrine, accounts stated form a new contract that supercedes previous ones and is the final amount owing between two parties. I mentioned the "no request for payment for over a year" because it shows that they agreed with the pay statement sent to me, since no compaints were raised with the pay statements in a reasonable time.
  2. Thanks for the quick response! I did a discovery requesting notes from the HR interview, but was told no records exist. I can subpoena the witness, but an interview of the witness is complicated enough that I might have to hire a lawyer for that. I thought hearsay is when someone repeats what someone else said, when the first person has no direct knowledge of the events. But in this case, wouldn't I be a witness since I was present when the Plaintiff's representative gave me the instructions? For example, if John tells Bob that Charlie doesn't need to pay him back, than Bob's testimony would be hearsay, but if John tells Charlie that Charlie doesn't need to pay them back would that still be hearsay? Otherwise I'd imagine anything oral can only be substantiated by the person that makes those statements? But I'm not sure...
  3. Hi, I'm being sued in California by a local debt collection lawfirm for $2,000 for relocation money paid to me, by my former employer 2 years ago. My initial contract stated I would be responsible for returning $2,000 in relocation money if I left the job in less than one year, and the money would be taken out of the wages owed to me at termination. If the balance is not enough, I needed to pay the remaining amount within 30 days of departure. I left after 10 months, and no money was deducted from my final payment at termination (which was about $4,000). The HR person in my exit interview with the company orally said I don't owe any debt to the company as long as I didn't share company secrets as I put in a lot of overtime in my final weeks. My final ADP pay stub after I left the company show the monies I was paid, and show no outstanding debts owed from me to my past employer. I also received no request for repayment for over a year from date of departure. Can I use this as proof of the agreed upon accounts stated between employer and employee? I haven't seen accounts stated used as a defense before, but it sounds like all the requirements exist here. I'm worried that since I don't have proof of what was orally said by HR, I can only use the pay statements as proof of accounts stated. The only evidence filed by the Plaintiff is the original contract that was signed.