Q: Is sending late notice of payments owed on a notarized written agreement over a home via email counted as harassment?
Wife & I rented a home with a friend during the beginning of her divorce paying all initial costs, etc. After a short time, it was clear it would not work. After multiple attempts to discuss options, the only option she would agree to was her keeping the home. This meant having us replaced on the lease, which took multiple attempts with different people, almost 2 month& me having to contact her with options after talking with the landlord to check. A notarized agreement was made of not owing rent from when we left & her paying me monthly the initial cost of the home, past unpaid rent & personal loans she had not paid back yet (3k+) She paid the owed power bills when due as agreed on 12/10 which I sent an invoice for. When payment was not received the following month I sent a late notice, including a late fee. She responded with argument & ending with any further contact & she would report me for harassment & stalking. Can she report me for this for sending late notice on agreed payment
A: She can report anything she feels like, but I suppose you're asking if you are at some kind of legal risk if she does. It's unclear from your description if you're talking about just one solitary email asking for payment that triggered her reaction, but if just the one, there should be no legal risk to you. Sending a series of unwanted emails could possibly be considered cyber stalking. Best for you to cease communication and hire a lawyer to send her a demand letter, or skip that and simply sue her. Small claims court jurisdiction is now up to $8,000. Before you make a decision on suing her, though, make sure she would have no basis to file a counterclaim against you. If you're not sure about it, consult an attorney - in person.
Bruce Alexander Minnick agrees with this answer
A:
It is unclear to me whether the person accusing you of harassment and stalking is your wife or is the "friend" you mentioned in your opening sentence.
If the accuser is your wife then this is a family dispute that likely will result in a judicial order to stay away from her.
If the accuser is your "friend" this could be a more serious matter because nowadays judges treat stalkers harshly.
Bottom line: If you want the $3,000 stop trying to convince her to pay it and just take her to small claims court.
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