I presume that most lawyers know this. But these tips are for non-lawyers. Yesterday, my younger brother was worried about an account which was recently assigned to him. His problem was, the period to collect from the debtor was about to prescribe/expire.You see, most transactions, debts, death claims, right to collect amounts and other benefits, like it or not, contain periods to observe; otherwise, you may lose your right to recover. How does one prevent or hold the period from expiring? Better yet, how do you win in an ordinary case without solid evidence? Solution, make your own.
The following tips are proven effective:
- If you get hurt, threatened, be it a death threat or an ordinary threat, report it. Not just verbally, have it blottered/registered in your local police then get a certified or photocopy.
- If someone slaps you or inflicts injuries on you, don’t forget to do a SELFIE. You don’t have to post it on Facebook. Further, go to the nearest hospital and consult a medico-legal practitioner so that should you decide to file a complaint, you have evidence.
- If somebody borrows money from you, make him sign a letter acknowledging receipt of the money. Photocopy it a lot of times. Putting a date is optional. A date could work for or against you. Should you decide to put a date, use the same pen and ink color.
- Bringing a friend to witness the borrowing is helpful too. You could even ask the witness to take pictures while talking with the debtor or as he is signing the promissory note.
- If you neglected to follow up in writing an account or debt, call the person concerned; if no action, write a letter: “This is a follow up on your outstanding debt..” To make it make it appear that you’ve followed up several times.
- If someone owes you money and you don’t have evidence, write him or her a letter saying: This is pursuant to our agreement that you will pay $ 10,000 upon signing….
- Please buy a clear book. I have proven that record keeping is easier with a clear book. If you bought something, say an appliance or furniture, or after you’ve consulted a doctor who prescribed you medicine, before you decide to clear your wallet and desks, put all your receipts and prescription in your clear book. You never know when you will need proof.
- If someone slanders you or maligns you in Facebook or cellphone text message, print screen it ASAP because that will serve as evidence.
- One warning though, before you click the send button on your email or text, review it first. Omit words which might be used as documentary evidence against you. Chances are, a potential litigant might have consulted a lawyer or read this blog.
- Lastly, are you aware that Facebook posts may be used as evidence?
The bottom line is, written evidence is better than verbal evidence because writing has more staying power. God bless!