Possible Small Claims Suit & Questions

[justalayman]

It really doesn't matter what you do for a living. A computer is a computer. I can do the same things with my $40 computer than you can do with your $2100 computer. Yours may process faster but it won't do anything mine won't


Regardless, if she has already filed suit it presents a paradigm shift in the situation. Has she filed suit or are you speculating as to what could happen if she has and service was not effected on you properly?

 

[LdiJ]

Justalayman - You make excellent points and most of what you say would be true but obviously you do not understand what I do for a job as I haven't even stated it. Anyway though I appreciate your input though. As far as the Lawyer situation goes my family has a family friend that is a lawyer that would be willing to work for less than any typical lawyer or would be willing to setup a payment plan. They have helped my mother previously in another matter.

You say I will be served with a "complaint" but what I am asking is that they must serve me the "complaint" first correct? If they don't serve me the complaint then what would be the next step? Like say they tried to pull the wool over the courts eyes stating they served the complaint but I never actually got it.

While that happens once in a great while, its not something common and therefore you should not expect that it will. You should expect that you will get served if she sues.

 

[EmilRu]

Regardless, if she has already filed suit it presents a paradigm shift in the situation. Has she filed suit or are you speculating as to what could happen if she has and service was not effected on you properly?

To answer this question, I don't know if they have filed suit yet but there have been constant threats made from the other person and their friends. So I am speculating as to what could happen if they have filed suit and service was not effected properly. I just don't want to get the short stick in all of this even though the end result may be just that regardless but I am trying to make sure I have all my bases covered and want to know what would happen or what I could do if they try something to that end.

 

[EmilRu]

While that happens once in a great while, its not something common and therefore you should not expect that it will. You should expect that you will get served if she sues.

As much as I'd like to not expect that someone would do something like that. I would also like to know my options or what can be done if a situation like that arises.

 

[justalayman]

To be certain she doesn't file suit and should you not be served and she is somehow able to convince the court otherwise, you need to check your courts files every single day to check for new filings. If the two of you happen to live in different counties you should check the courts in both your home residence and the other party's residence.

That way she'll never get the drop on you and somehow obtain a default judgment for all the claims she may make.


Or you could just continue to make payments as you agreed and if something actually happens, you won't be so overly stressed you flip out and have to be hospitalized in a psych ward from the shock overload.

 

[EmilRu]

To be certain she doesn't file suit and should you not be served and she is somehow able to convince the court otherwise, you need to check your courts files every single day to check for new filings. If the two of you happen to live in different counties you should check the courts in both your home residence and the other party's residence.

That way she'll never get the drop on you and somehow obtain a default judgment for all the claims she may make.


Or you could just continue to make payments as you agreed and if something actually happens, you won't be so overly stressed you flip out and have to be hospitalized in a psych ward from the shock overload.

Thank you for clarifying Justalayman. I would only be able to check my county court and not theirs due to not having a car. However if they were to obtain a default judgement, Would I be able to contest it or say I was never issued a complaint? Wouldn't they have to also provide proof that they served me the complaint?

 

[justalayman]

You can contest a judgment awarded based on improper service, if that is the case.

 

[not2cleverRed]

Thank you for clarifying Justalayman. I would only be able to check my county court and not theirs due to not having a car. However if they were to obtain a default judgement, Would I be able to contest it or say I was never issued a complaint? Wouldn't they have to also provide proof that they served me the complaint?

A lot of courts have their calendar information available online. Check to see if this is the case where you are.

Additionally, make sure that any payments you make are documented - don't just give the other person cash.

If the date of your latest falling out was New Year's Eve (alcohol?), today would have been the earliest anything could be filed.

 

[EmilRu]

A lot of courts have their calendar information available online. Check to see if this is the case where you are.

Additionally, make sure that any payments you make are documented - don't just give the other person cash.

If the date of your latest falling out was New Year's Eve (alcohol?), today would have been the earliest anything could be filed.

No alcohol was consumed or drank by myself. I do not believe they did either but I could be mistaken on that. No cash has been given to this individual. It is paid thru an online account. My bank statements reflect the payments made.

 

[EmilRu]

Ok so here is where we stand now, I was going by the advice and suggestions that many of you have made. Which was to continue to make the payments until they decided to sue me or not and to also not give them cash. However, They have access to the web account where I need to make the payments which I obviously made once prior. Now that we have had this incident, I can no longer access the account and they refuse to give me access to it now in order to make payments.

Here is what I sent via text after deciding to follow the advice I have previously mentioned above:

"I know we are not on talking terms but I'm guessing you denied me access to the dell financial account since I cannot access it. I still want to make payments on it til you have me sent to court so your credit stays unaffected. I need to know the answer to the security question in order to regain access to the account. At least allow me to continue to make payments until we can settle this. I am still trying to keep my word."

Their reply was,

"I didn't restrict you on the account. That's dell's security procedures. I don't want you having access to the account anymore anyway because I don't trust you. You can give me cash instead." "I did trust you. But not anymore. I will come by once a month to receive the payment and I will give you a receipt for each time you make a payment."

My reply to that was,

"I'm sorry but I was advised to not give you cash. There is no reason to not trust me to continue to make payments thru Dells website. I have done it once before with no issues. There's no reason to not allow me to keep doing so."

Then this long reply was sent to me as some sort of text contract that they want to bind me to now,

The agreement we made was that I would finance the computer and you will pay for it until it is fully paid off. I do not want you having access to my personal information. Your account information that you had on file was removed. It was never added back on since that payment went through. So your bank account is not on file on the account.

My original statement that we spoke about on the phone still stands, which is as follows: "I will give you back the $132 in cash with a receipt in exchange for the computer and be done with it.(Obviously I am refusing that option as I need the computer) If cash is not an option, then you can use a certified check or a money order from an FDIC insured bank.

1) Should you choose not to proceed with the above mentioned statement, you will be taken to court.
2) Should you choose to continue to make payments on the computer, the above mentioned is now null and void. Not only will you forfeit the first payment of $132, you will also not be reimbursed for any additional payments you decide to make on the computer.
3) Should you choose to stop making payments on the computer altogether, you will be taken to court. In addition, should you stop making payments on the computer, the lawsuit damages will also include: (a) any missed payments that I had to pay out of pocket, and (b) the cost of any physical, internal, software, and hardware related damages.

The decision on who will have possession of the computer will be decided by the judge.

So that is where we stand now. I feel as if I am being entrapped and backed into a corner. What are my options in this instance and can they really force me to agree to any of these conditions?

The reply I want to send to them is this,(but I have not yet sent this message as I wanted advice on what I should do)

"And as per the original verbal agreement we made I would be making the payments directly to Dell not to you. As per some advice I have been given and am following, I am not to give you cash directly. I do not agree or consent to any terms mentioned in this text. I am sticking by the original agreement that was consented and agreed upon by both parties involved.

So I guess once again my question is this, What can I do? What are my options? and What is an appropriate response? I am more than willing to continue to make payments on the computer but as previously mentioned, I am following the advice to not give them cash.

Would I be able to put a stipulation onto this text contract that they are trying to now bind me to? Such as when coming to pick up and receive cash, money order, or certified check that all transactions involved with this matter will be recorded for documentation as well as when both parties meet they will state their identities, date, and time for each transaction when meeting? So that way they can't deny ever being paid or receiving payment.

 

[justalayman]

How are you trapped? They said you can continue to make payments as originally agreed with the only difference
Is you give friend a check or money order rather the payment direct to dell. At this point if you argue the point it becomes obvious you want to cause problems. It's up to you now. Either you want the computer or you don't.

 

[EmilRu]

How are you trapped? They said you can continue to make payments as originally agreed with the only difference
Is you give friend a check or money order rather the payment direct to dell. At this point if you argue the point it becomes obvious you want to cause problems. It's up to you now. Either you want the computer or you don't.

The original agreement was that the payments would be made directly to Dell not to them. Hence why I was given access prior to the Dell Financial Account. I am just following the advice I was given prior and that was to not give them cash. To make the payments to Dell like I have been doing so. Not trying to argue but I do not want them to try to say I haven't made any payments when in fact I have. Hence why I also asked if I could put a stipulation to their new terms. Such as, when they come once a month that they agree to have the meeting recorded via video. In the video each party must state their identity, date, time, and acknowledgement that the money they are receiving via certified check, money order, or cash is to be used as payment towards the computer.

 

[eerelations]

Why not just get a paper receipt from her? She said she would give you one every time you paid her cash...so get one every time you pay her. And have her write on it what it's for ("to be paid to Dell" yadda yadda). If she doesn't give the money to Dell, well that's her problem, not yours.

 

[eerelations]

Just read the bit about her willing to accept a money order or certified cheque...OP why can't you do this? Like justalayman says, you are really starting to seem like you want to keep fighting with her, fuggedaboud the computer.

 

[LdiJ]

Just read the bit about her willing to accept a money order or certified cheque...OP why can't you do this? Like justalayman says, you are really starting to seem like you want to keep fighting with her, fuggedaboud the computer.

Paying with a money order or certified check, and keeping your copy of those in a safe place, is just as safe as paying Dell directly.