After 20 min Becca says we need to leave because we have other things to do today and apparently they are not coming. I being an optimist say "Maybe over slept her alarm. She does work nights now and maybe she wanted to try and get in a quick nap before meeting us." Becca said "yeah maybe" and left her a text saying to call us. As we are running errands in the car Becca's phone rings and it is Janet on the line. I pick up and she tells me that she is so sorry, she over slept her alarm and did not mean to miss our appointment. She seemed to honestly be upset and sorry for missing the appointment so we rescheduled with her for later after we are done with our errands. (My question is why didn't Ben wake her up and say it is time to go?)
Around 2:30 we told them we were home from our errands and to come over to the house to sign the paper work, which consisted of a second "Damages Done" document and a corresponding Promissory note. This is the new Damages document is the same as the first except that the payment dates and amounts have been listed and it no longer says we can go after them for financial compensation, however it says nothing about going to the law. It also infers that this will be enacted once all the payments have been made (in 2 months).
"This document affirms that the second party acknowledges responsibility of the first party’s claim of “damages done” and seeks to make the first party financially whole again with the agreed upon sum of $400 to be paid by 2 cashiers checks or money orders the first being to the sum of $100 to be paid no later than September 30th 2010 and the second check being the sum of $300 to be paid no later than October 15th 2010 as noted in the accompanying promissory note.
In return for being made financially whole again the first party agrees to not seek any more financial compensation for additional “lost/stolen” items against the second party upon the completion of payment. "
The promissory note is a standard print and fill out the blanks legal document that says they are responsible for paying us a certain amount by a certain date in certain payment methods and that if they default we can legally pursue them and they agree to pay all legal fees if that happens. It also says that if they want to pay off earlier than scheduled that they can and not be penalized, which is important to note because some of the loan documents people fill out have clauses making you pay fees if you pay off early (so check all your loan docs before signing). We also are not charging them interest, but can call the whole amount due immediately if they miss their first payment grace period.
However while we do have some open options to seek legal action Becca and I have decided not to pursue them for any other "lost" items unless they are well above $500, promissory note aside. That is because we know there are no more money stashes around the house to be found missing and that we have a $500 deducible for our home insurance policy so any other loss would need to be above that amount for it to be eligible for compensation. Also I don't think we have anything else worth over a couple hundred dollars that is worth stealing that hasn't already been accounted for. So I would say that if there is still more missing by now we have recovered 80%-90% of it (minus the $400) and that is a pretty good outcome for any theft case.
Becca says: Some people have been asking how long Janet knew Ben before running off and marrying him. I just wanted to clarify that they have been dating for at least a year, and much longer I think, and had planned on getting married back in July. That wedding date got pushed back to Sept. The "sudden" wedding that Alann was referring to was the fact that the wedding date suddenly got pushed up to August. It was a complete surprise to all but immediate family (which we are not). So it wasn't like she met him and married him within a week. Just the actual wedding date was a surprise. Alann says: I don't know if that makes her marrying him better or worse.
We also have made our first replacement purchase and bought me a new leather coat similar to the one stolen and luckily at the same price as the first. I hope that it is the first step to the real end of the torment that has been our lives this past week and that we can finally move on. While the story may hopefully be over, I hope many of you will continue to check mine and Becca's blogs from time to time as we enter into a new phase of our lives where we are renting out the house in UT, living in Mo and I try to start up my own full time Real Estate investment and management business and Becca does the same with her part time sewing store while trying to raise 2 kids. I hope there is no part 7 to this story, but if there is I will say so on Facebook, otherwise see you back here later for more news from The Life and Times of Alann: A collection of my ramblings, stories, rants and excuses to help pass the time.
0 responses to "Theft story, Part: 6"