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Contract advice, being sued

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JeremyRodgers

Junior Member
What is the name of your state (only U.S. law)? ga

Back in July of 2011 I was asked by a neighbor to buy some furniture at the store I worked out using my discount for her and her husband. Being a good neighbor, I obliged. My neighbor gave me $2,500 cash for the couch, sofa and end tables she wanted. I was to keep the difference as payment. We had a VERBAL CONTRACT and TEXT MESSAGES CONFIRMATION in this arrangement.

My neighbor and I went to my bank and deposited the money into my checking account.

On July 5, 2011 I purchased the furniture, which would have been delivered on the 7th of July. My neighbor called and text me approximately 4 hours after I purchased the furniture to cancel the order. She had found the couch at a cheaper price.

My company's policy was/is that any furniture purchased with a credit card, and returned; there was an approximate 4 to 6 week refund window to have the money returned on credit card.

I informed my neighbor, and she was okay with that, up until July 27th. On the 27th she called my boss and informed him I was scamming the company and her out of the money. I was questioned, had to provide proper documentation (texts from her) that I was actually purchasing the furniture. My boss was okay with it, but the Corporate Office terminated me.

My neighbor moved to another city, 20 miles away, on August 2, 2011. The same day I received a notification that the funds (her money) was available. I called her, and she did not answer, so I left a voicemail. She sent a text message back asking if I could deposit the money into her bank account. I tried to, but the bank would not let me, without her consent. They needed her account number; she had 2 accounts and I didnt know which one to deposit the money in.

My neighbor text me back on the 3rd of August and asked to meet me at her bank. Instead of wanting the money back, she wanted me to sign a promissary note stating I had her money. I signed it, tried to pay her and she declined. She said she wanted me to make payments, seeing as I was unemployed.

The promissary note stated that I owe her $100 a week, every friday, starting the following friday. Well that Friday, I went to her bank, tried again to deposit the funds ($100 per our agreement) and again, to no avail she did not answer her phone to give the banker her account number. I called 3 times between 1pm and 2pm, and then I tried to leave the bank.

I was met by a sheriff officer, that stated my neighbor had called them to report I was harassing her. I was told to have no contact with her, and that was my first and last warning.

I had no contact per se with her since, until I had a Marshall come to my house this morning, I am being sued for breach of contract to the tune of $5,000 plus court fees.

I have mediation on October 24, 2012. What do I need to do?
Can I countersue? Seeing as she breached the contract we had via text messages!
Can I ask for lost wages?
What are my options?
 


OHRoadwarrior

Senior Member
Your options seem to be appear in court, explain the situation and offer to pay the money you owe her back. I have never heard of someone working so hard to not get their money. You have no claim for wages as you were terminated for violating a company policy.
 

Antigone*

Senior Member
What is the name of your state (only U.S. law)? ga

Back in July of 2011 I was asked by a neighbor to buy some furniture at the store I worked out using my discount for her and her husband. Being a good neighbor, I obliged. My neighbor gave me $2,500 cash for the couch, sofa and end tables she wanted. I was to keep the difference as payment. We had a VERBAL CONTRACT and TEXT MESSAGES CONFIRMATION in this arrangement.

My neighbor and I went to my bank and deposited the money into my checking account.

On July 5, 2011 I purchased the furniture, which would have been delivered on the 7th of July. My neighbor called and text me approximately 4 hours after I purchased the furniture to cancel the order. She had found the couch at a cheaper price.

My company's policy was/is that any furniture purchased with a credit card, and returned; there was an approximate 4 to 6 week refund window to have the money returned on credit card.

I informed my neighbor, and she was okay with that, up until July 27th. On the 27th she called my boss and informed him I was scamming the company and her out of the money. I was questioned, had to provide proper documentation (texts from her) that I was actually purchasing the furniture. My boss was okay with it, but the Corporate Office terminated me.

My neighbor moved to another city, 20 miles away, on August 2, 2011. The same day I received a notification that the funds (her money) was available. I called her, and she did not answer, so I left a voicemail. She sent a text message back asking if I could deposit the money into her bank account. I tried to, but the bank would not let me, without her consent. They needed her account number; she had 2 accounts and I didnt know which one to deposit the money in.

My neighbor text me back on the 3rd of August and asked to meet me at her bank. Instead of wanting the money back, she wanted me to sign a promissary note stating I had her money. I signed it, tried to pay her and she declined. She said she wanted me to make payments, seeing as I was unemployed.

The promissary note stated that I owe her $100 a week, every friday, starting the following friday. Well that Friday, I went to her bank, tried again to deposit the funds ($100 per our agreement) and again, to no avail she did not answer her phone to give the banker her account number. I called 3 times between 1pm and 2pm, and then I tried to leave the bank.

I was met by a sheriff officer, that stated my neighbor had called them to report I was harassing her. I was told to have no contact with her, and that was my first and last warning.

I had no contact per se with her since, until I had a Marshall come to my house this morning, I am being sued for breach of contract to the tune of $5,000 plus court fees.

I have mediation on October 24, 2012. What do I need to do?
Can I countersue? Seeing as she breached the contract we had via text messages!
Can I ask for lost wages?
What are my options?
You need to show up with all your evidence. Sure you can countersue, it is your right - do not count on winning. Your lost wages are your fault. You scammed your company.

I don't believe half your story about trying to pay her. Only a complete idiot would turn away cash that someone rightfully owed them.
 

JeremyRodgers

Junior Member
You need to show up with all your evidence. Sure you can countersue, it is your right - do not count on winning. Your lost wages are your fault. You scammed your company.

I don't believe half your story about trying to pay her. Only a complete idiot would turn away cash that someone rightfully owed them.



I had a Marshall & Detective come to my house today. They questioned me about the above situation, and informed me of a NEW SCAM!

People are now alledgedly not collecting on small debts in hopes to sue in court for more money.

What the detective stated, was that this is a new scam in the Southeast, and I fell victim to it. The lady, my neighbor, in question has pulled this SCAM on 3 other people.

The Detective has been actively searching for my neighbor, who has moved according to the detective up to 27 times in 2 years.
 

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