Payment for computer

[valicvader]

What is the name of your state? Ohio

My brother-in-law and sister wanted a new Dell computer but were turned down for Dell Credit. They called me up and asked if I could get the computer and they would make the payment each month. Not really trusting them, I had the payment sent directly to me and told them to send me a check each month which they have been doing.

My Mom and I are moving out of state and my sister doesn't liike it. She called my Mom up yelling and cussing at her the other day. They had sent me a check back in May for May's payment on the computer. I just went to cash it and found out they had stopped payment on it.

I am trying to contact them now but don't believe I will be successful. They still owe $1500.00 for the computer but since it is on my credit, I have to pay for it as I have worked hard to get my credit rating to where it is now.

If they decide they do not want to pay for the computer, do I have cause to take them to small claims court and get the money.

On a side note, I gave my sister a car with the understanding that she would come up once a week to see my Mom while I'm at work as she doesn't work. She only did it a few times. Can I sue and get the car back? This was a verbal agreement and I have no documentation.

Thanks for your help.

John

 

[lwpat]

"They called me up and asked if I could get the computer and they would make the payment each month."

It is always best to put any such agreement in writing. However, the computer is yours and you have a right to demand the return of your property. Send them a certified letter return receipt demanding the immediate return of your computer. Don't go into anything else that could be construed as forming a contract.

If they don't comply then you have two choices. Since you have a receipt for the computer contact the sheriff and have a deputy accompany you to retrieve your property or file in small claims.

Is the computer insured?

NOTICE- The author of this post is not an attorney. The
information presented here is the result of the authors
research and thirty years experience in the legal codes,
cases and practices of the States of North and South Carolina,
and the county in which author resides and is for general
information only. Be advised the legal codes, cases, and
practices of any other state or county could vary greatly.
If you need legal advice contact an attorney.

 

[valicvader]

No, the computer isn't insured.

What about the car? Could I get it back?

John

 

[Tercr6]

I would take the advice of Iwpat:
1)Computer - Since the PC is in your name and you have made all the payments, and being they made payments then stopped payment on a payment,you not only can prove you have sent payments for it's purchase,but have proof a contract existed by them paying you ,then stopping.
That contract is now void,since they broke it.It's your property-get it.The money they have pd. you ,you can now claim it was payment for their use while they it.

2) Car: You gave it to her for a specific purpose.I beleive if you went to small claims court the Judge might agree for recovery of what a resonable value is,since you can show you had a contract with the PC,it is more believable than not,you did simularly with the car.
Whos' Name is the ownership in yours or hers ? If yours,it's yours. Do as suggested on both.Get a police officer to accompany you to retreive your properties. If not sussesful then go to court .

 

[JETX]

"What about the car? Could I get it back?"
*** With no surprise, Tercr's post ("I beleive if you went to small claims court the Judge might agree for recovery of what a resonable value is") is wrong. The correct answer to your above question depends entirely on who's name is on the title to the vehicle. If the title is in your name, you can recover the vehicle by simply driving it away. If your name is not on the title, you have no chance of getting ownership. Any court decision would be based solely on the title.

 

[Tercr6]

Excuse JetX,he does not know a Proper way to post his replies as an Adult,and give a reply of his own w/o making degrading remarks toward me.I think his ego rather enjoys it !!
But no mind !! I'm sure the Adults here can garbage in/garbage out on their own !!

Small claims: Is not proof behond a resonable doubt,but rather "MORE LIKELY THAN NOT",the plaintiff is telling the truth.

 

[JETX]

Excuse JetX,he does not know a Proper way to post his replies as an Adult,and give a reply of his own w/o making degrading remarks toward me.I think his ego rather enjoys it !!
But no mind !! I'm sure the Adults here can garbage in/garbage out on their own !!

Small claims: Is not proof behond a resonable doubt,but rather "MORE LIKELY THAN NOT",the plaintiff is telling the truth.

*** Would you care to try to translate some of that into intelligible English??

 

[Tercr6]

ahhhhh !! My Jr. when he was 2 1/2 yrs., old enough to speak 2 and 3 intelligible words,would say " I KNEW IT".

so we have the " mind over _ _ _ .........." wisdom .

btw slander:A false report maliciously uttered.

 

[JETX]

ahhhhh !! My Jr. when he was 2 1/2 yrs., old enough to speak 2 and 3 intelligible words,would say " I KNEW IT".

so we have the " mind over _ _ _ .........." wisdom .

btw slander:A false report maliciously uttered.

Each of your posts makes less and less sense. It is almost like each post drains a little more of your (originally meager) intelligence. How about your stopping while you can still manage breathing.

 

[JETX]

ahhhhh !! My Jr. when he was 2 1/2 yrs., old enough to speak 2 and 3 intelligible words,would say " I KNEW IT".

so we have the " mind over _ _ _ .........." wisdom .

btw slander:A false report maliciously uttered.

Each of your posts makes less and less sense. It is almost like each post drains a little more of your (originally meager) intelligence. How about your stopping while you can still manage breathing on your own.

 

[valicvader]

The title is in their name. When I got the car, I had the title in my name and had it transferred in their name this past November.

Thanks for all your help on the computer.

 

[Tercr6]

Each of your posts makes less and less sense. It is almost like each post drains a little more of your (originally meager) intelligence. How about your stopping while you can still manage breathing on your own. by Jetx

Notice: I will no longer respond to JETXs post ,I am not the kind of egotistical person that thinks he knows it all. I don't think I'm a
stallion high on a horse as he stated he does.
I come in the forums on this site to help give advice from experience and knowlege i have learned.
Nothing more,nothing less !! JetX : IGNORE :

 

[JETX]

Tercr: I will make you a deal. You don't make any posts to the forum, and I won't correct the posts you don't make. Okay??

However, if you continue making error-filled (and often totally illegible) posts..... and I will continue having to correct them. At least until I get so fed up with trying to talk to a stump that I get you kicked off the forum. Okay??

 

[lwpat]

"No, the computer isn't insured."

Contact your homeowners insurance and see if it can be added.

"What about the car? Could I get it back?"

No

 

[valicvader]

Why would I need to have the computer insured? I own it but it's not in the house so I doubt my homeowners insurance would cover it.

If small claims court gives me the computer back and my sister damages it, can I sue them for damaging my property or can the small claims court judge put something in his decision that says if you damage it, this will happen to you?