WWYD re: trespassers, probably neighbors

Yep, I am sure Tator is wanting to tell it, just as bad as we want to hear it.

Yup.

This is a thread I'm always checking on.

Funny thing is, the older I get, the more interested I am in fruit trees (and grape vines). And even though I haven't given much thought to a "U-pick" operation, it's certainly a situation that catches my attention as something that could happen anyway.

I am thankful that Tator has been so open with us in telling us about the situation. Could be a learning experience for us all!

I will post again when things happen. We've had a bad week for trying yo get on the Internet. The wireless router at our house in the burbs died early in the week. So we switched yo the mobile hotspot we use at the ranch. It died too. Today I bought a new hotspot. We try yo avoid locking in to contracts. So this was pretty spendy. We ordered another wireless router and it should be here Monday or Tuesday.

I'll be checking the PO box for the ranch tomorrow, with special interest to see if the doc responded.

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Popeye

I checked the PO box, and there is a letter from the doc, with a check for a fraction of what I asked for. She claims she only took enough for a pie. She claims that there were no apples in the backpack and just a few in the tote.

She also claims that in 1994, a friend took her to the ranch, and told her to ignore the no trespassing signs, because it was National Forest. That was the year the SDA folks sold the ranch. And they are the only ones to ever give me the excuse that it "reverted to National Forest". She also claims that the public trail that goes around our property without ever coming closer than 1/4 mile of our place, actually goes through it. In reading through her four page letter, virtually none of her claims are correct.

And then she chides me that I don't own the whole trail.

I've got some thinking to do, and some writing.

But when I opened the envelope and pulled out the check, hubby's eyes lit up, and he yelled "take it, and send her a thank you card!" He is excitable around checks.

I need to reread the letter and formulate a reply. I will probably be sending the check back, along with corrections to everything she said that is wrong. I don't need her to be out repeating to others the misstatements that she said to me about the public trail coming through our property. I will negotiate on price, but it won't accept what she sent.

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I yam what I yam and that's all what I yam.

Popeye

If you take her ck, it may be considered Full Payment.

If she was giving the false information to all the people she was with, leading them to the apple trees......was she just a ringleader to stealing the apples? (sorry if I have it wrong)
She admits to stealing.
She admits to trespassing.

I definitely wouldn't cash her check without consulting a lawyer first. She has admitted, in writing, that she both trespassed AND stole from you and I don't believe that claiming ignorance as to who owns the property would be a legal excuse.

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That DR is insulting you. Do not accept one dollar less.
Do you have pictures of them going in and coming back out?

I'm thinking that whoever said to take her on Judge Judy has the right idea. She has no proof as to how much she took. She led others there. She has admitted to both stealing and trespassing, both punishable by law.

What she was told does not matter. She has now admitted to going there as far back as 1994. I'm sure she's been taking apples all along, and I'm sure that in all that time, she's taken MORE than enough for 1 pie. And, she's led others there, so that makes her an accessory to a crime. As has been said, do NOT cash that check. I know that in many places that is considered accepting it as payment in full. She might know that and is hoping you don't.

I'm not cashing the check.

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I yam what I yam and that's all what I yam.

Popeye

Hold her feet to the fire. I know you said in Cali there is a law that gives quadruple damages or some such for stealing from farms. Go for that, and ask for damages for as long as you have owned the orchard since she admits to going there. You probably won't get it all but you may be able to negotiate to what you want. And since you have it in writing, I would make sure the sheriff gets a copy and I would insist that she is cited for her misdeeds. Also if you can figure out the other people from her facebook page, make sure you call them as witnesses. Then when you get the favorable outcome in court, forward all documents to the licensing authority. She is just arrogant and she knows better. Make her twitch every time she sees an apple in the future.

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I agree, her arrogance would aggravate me to no end. By sending a check she ADMITS to what she was doing, no matter the circumstances or amount. Her check and letter could be very ----ing in court.....

I would seriously consider taking her to small claims court. You would win, almost without a doubt, due to her admission of guilt in the letter.

You also should make sure to make a copy of the check if you end up sending it back to her. In case she tries saying she never sent one. Then you'd have proof she did!

Running it past an Atty would be a good thing to do BEFORE sending the check back. You may need an original document to bolster your case.

Glad you did get a response. She's trying to minimize the offence. Had she offered the full amount plus a little and then asked for forgiveness, I might be tempted to bury the hatchet. But she's not demonstrated remorse. She's sorry she got caught. She's making excuses.

Glad to know you are in a good position legally. She needs a lesson. Maybe not a burning at the stake, but it needs to smart enough for her to feel it.

Thanks for the update!!

Don't return the check! Even if you don't intend to cash it now, keep it and demand the balance owed. You should check your laws, but I think you can cash the check and add "partial payment" or something to that effect along with your endorsement. That should protect your claim against the balance, especially if she didn't write "payment in full" on the check. Keep a copy of both sides if you do cash it.

ETA: Found this information about cashing a check for less than the amount owed: http://www.town-usa.com/workplace/check.html. Worth reading the whole thing, but here's a relevant snippet:

And this is important too:

Whatever happened to the sheriff that was supposed to be involved with this? I know he was on vacation but I don't remember anything about him after he returned. That's who is paid to and should be handling this affair.

You even have more evidence to give to him now.

If nothing else, the doctor should be reminded that you will take this to the state licensing board for review.

Yeah, and whatever happened to the sheriff? If the sheriff paid a polite visit to her office and reminded her to 'settle this the easy way', the whole ordeal could end quickly for both of you.

And, by the way, why hasn't the sheriff been out to explain to those folks that you do own the land, with copies of your deed and survey in hand, and any further trespass will earn them a trip to the county lock up?

One option is just to sue the camp, and settle the issue then, or use...dag gone it...I can't remember the term for it...when two parties negotiate with an appointed judge outside of court.

I don't mean to sound harsh, CT, but it is time to stop soft shoeing around with the people at the camp.

Let a judge figure it out.

I think you mean either arbitration or mediation.

Formulate your responses to her claims for the judge. I would have no further communication with her unless she sends you a valid check for the amount you originally asked. It is clear she is already playing games and will only cause this to drag on and on. Sending you a check for a bag of apples is absurd. The stolen apples were not for sale on her terms.

Also, don't cash the check or send it back to her. Keep it for evidence to submit in court.

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