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I am the Defendant. Please don't sue me!

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What is the name of your state? PA

Hello All of You Knowing Souls. I am so gald I came across this website. I cannot wait to be enlightened by all of you given my mere age of 19. I do not know anything about SCC besides the fact that my friend's father thinks it's the biggest pain one can endure in their lifetime. I'll make my story short and sweet.

I have been babysitting for a complete stranger I picked out of a local newspaper for 2 months and I have been receiving cash for my services. The family is pretty well off and yet it has been flaky with paying me on time, etc.

2 weeks ago the lady wrote me out a personal check for $250 for my work. I have cashed it and then she informed me that the amount was a mistake because she indeed owed me some $130. I agree, she overpaid me but at the time I didn't realize the mistake because so many weeks have gone by without me getting paid, I actually thought I earned that amount by then.

I would have gladly returned, worked-off the amount for her if she didn't accuse me of being dishonest first (for cashing the check). She even said she would take me to SCC if I didn't give the money back. This is coming from someone that lives in a 2 million dollar home and spend $600 on shoes. Fine, it's a matter of principal.... Yet, My pride took over, I quit.

Last week I received a notice from a local post office to claim a certified letter from this individual. I have not picked up this letter yet. I'm afraid to know what it is. A few questions for all of you:

- does SCC really works this fast? Would I receive a letter from SCC in a week? I doubt it.

-her name is on the notice. Any idea what part of the process requires her directly sending me certified letter?

-most importantly, I have no intentions of picking up the letter, I am hoping that if I don't claim it it will be send back to its sender and somehow the matter will be delayed, but am I doing myself injustice by taking this step?

-finally, I have been hearing that if someone doesn't show up in court, the other party automatically wins, well, does not responding to the mail means the same as not showing up for Court?

I guess this post isn't so short after all. One more thing: I am so outraged at this family I actually have no intentions of giving the money back to them at this point. Any strategies for winning this in SCC? Can I just say it was a gift? Yes, I am willing to bent the truth because I can come up with a dozen of justifications for why I deserve the lousy $100. I'm just afraid the court won't see it this way so I'm armign myself with knowledge. Please give me some insight, I can't come to my parents with this one.
 


Excuse ME?

Stephen, you haven't read my post. I said: there are at least 5 reasons why I'm entitled to this money. For one, mental anguish I have been put through over this issue. I have never been given a chance, instead I was accused of being a thief. Second, I have earned overtime that I never received so here's my counterclaim. But ethics aside, that's not why I'm here. Save your judgments, I need legal advice.

The state of my generation has to do with your generation, remember! :)
 

stephenk

Senior Member
if you believe you are entitled to the money, go to the post office and accept the letter. if it is a small claims complaint go and defend yourself if you believe you are right. present your arguments to the judge and let the court decide. you are not going to get any legal advice from me on how to cheat someone when you admit you were overpaid and now you are trying to justify keeping the money.
 

JETX

Senior Member
"does SCC really works this fast?"
*** It could.

"Would I receive a letter from SCC in a week?"
*** Who says it is from the Small Claims court? It could simply be a formal demand for payment.

"her name is on the notice. Any idea what part of the process requires her directly sending me certified letter?"
*** See above.

"most importantly, I have no intentions of picking up the letter, I am hoping that if I don't claim it it will be send back to its sender and somehow the matter will be delayed, but am I doing myself injustice by taking this step?"
*** Possibly. If the plaintiff has indeed filed a small claims against you, your refusal to accept an inexpensive letter (less than $5.00 cost) may cause the plaintiff to hire a process server. And that cost will be passed on to you as a cost of the lawsuit when the judgment is rendered against you.

"finally, I have been hearing that if someone doesn't show up in court, the other party automatically wins, well, does not responding to the mail means the same as not showing up for Court?"
*** No. It only means that the plaintiff has to go to the next allowed service.

"I am so outraged at this family I actually have no intentions of giving the money back to them at this point. Any strategies for winning this in SCC?"
*** Since you have NO defense, there are 'no strategies for winning'.

"Can I just say it was a gift? Yes, I am willing to bent the truth because I can come up with a dozen of justifications for why I deserve the lousy $100. I'm just afraid the court won't see it this way so I'm armign myself with knowledge. Please give me some insight, I can't come to my parents with this one."
*** Not even worthy of a response.
 
S

Seyes77

Guest
I am not a lawyer but,
I don't think that being overpaid was your fault, and if the woman later realized that she made a mistake, then she needs to realize you might not have the money available any longer to pay her back. The ideal thing would have been to compromise with her some sort of monthly payment affordable to you.

About the Summons, the post office will try to deliver the letter at least three times, but if you are not home to sign for it, then it would be the Plaintiff's responsibility to find another method of delivery. I do not think you are obligated to go pick the item up at the post office at all.
 

JETX

Senior Member
Seyes:
First, you are putting your post on a thread that is over a month old.
Second, your post isn't even correct!!

Simple question: Why did you even waste the time of putting ANYTHING on this thread.... much less incorrect information.
 
H

hexeliebe

Guest
another case of Deju 'Vu all over again.

Poor Casey is spinning in his grave :D
 
S

Seyes77

Guest
JETX:

FIRST, my name is Seyes77,
SECOND, your more than rude reply got posted twice, so as you can see, you are not as "perfect" as you think you are.
THIRD, this is a "Freedom of Speech Country" and I did state I was not an attorney, I simply gave my opinion on own experience. The Summons info. I provided is correct, so check your literature before you go on barking at people.
FOURTH, why did YOU bother wasting your time replying at my post, is this sort of a
personality reassurance issue for you???
FIFTH, I just subscribed to this forum, and I am unsubscribing right on, I don't need to deal with Psichos and uneducated people like yourself.
 

JETX

Senior Member
"Psichos and uneducated"
*** Makes a statement and proves himself wrong in only three words!!


"FIRST, my name is Seyes77,"
*** So, that is what is on your birth certificate!! Bet you have 76 siblings all with the same name, huh??

"SECOND, your more than rude reply got posted twice, so as you can see, you are not as "perfect" as you think you are."
*** Yep, having problems with that new ZoneAlarm Pro. But, I have disabled it (and have another firewall).

"THIRD, this is a "Freedom of Speech Country" and I did state I was not an attorney, I simply gave my opinion on own experience. The Summons info. I provided is correct, so check your literature before you go on barking at people."
*** No it isn't. However, it IS a country where "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."
Last I heard, this forum is not run by Congress. But then, being a foreigner, you wouldn't know those things.
Oh, and your 'summons' information is NOT correct. The USPS will leave a 'door-hanger' asking that you pickup or contact them to arrange delivery. They then will hold it for three weeks and if not picked up or delivered, will return to sender.

"FOURTH, why did YOU bother wasting your time replying at my post, is this sort of a personality reassurance issue for you???"
*** Nope. Just trying to eliminate dweebs and idiots who post to long dead threads.

"FIFTH, I just subscribed to this forum, and I am unsubscribing right on, I don't need to deal with Psichos and uneducated people like yourself."
*** If the 2 or 3 incorrect posts that you have made are an example of your 'information', we don't need you anyway.

I do have to give you credit though... your statement "Psichos and uneducated people" pretty much says it all. BTW, it is spelled 'psycho' (or maybe you meant 'sickos').... but anyone with an education would have known that!!

So, don't let the door hit you in the ass on the way out!!!
 

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