Possible Small Claims Suit & Questions

[EmilRu]

Ok we have reached a mutual understanding but there is a qualm I have with the reply they gave me. First let me share what the messages exchanged said.

Text from myself sent to the other individual:
"I will agree to your terms and conditions if you agree to the following, That my mother (anonymous) will be present as an eye witness to each transaction for payment towards the computer along with a receipt. If you consent to these terms and conditions then we can proceed forward."

Their reply to myself:
"I agree to having your mom be present for every transaction. If you are unable to give payment for the current billing period due to your Mom not being present for the transaction, it will be considered non payment and any fees incurred will be included as damages in the lawsuit."

**So to stop here, Can they actually do this? Include it as damages?

The text continues from them to myself:
"I, also, will be having a witness present for each and every transaction. Due to my concerns for my safety, as well as the safety of my witness. We will process each transaction at the entrance of the apartment complex, NOT inside your apartment."

The text continues further from themselves to myself:
"I also will be reporting the computer to Dell as stolen with the sole intent of having any information regarding the computer and peripherals available to local, state, or federal law enforcement during the trial."

**Now here is where I begin to have issues and concerns with this statement. Is this individual allowed to claim the computer as stolen? Even though it is clearly not stolen, they are well aware of it's whereabouts, and the fact that I have video evidence to prove otherwise.

Now they are still dead set on taking this to court even though we settled this via text. Is there a point in even going to court if both parties have come to mutual terms and agreed upon the conditions or terms set by both parties?

Now I understand many of you think I am looking for a fight, when actually I am not. I was just talking about possible scenarios, possibilities, and what my best choices would be. I want to make sure I don't get screwed over in any situation and that I am prepared going in for most scenarios.

 

[eerelations]

Send her the payments on time and in the form of money orders, via certified mail. And that's it, that's all you gotta do.

 

[EmilRu]

Send her the payments on time and in the form of money orders, via certified mail. And that's it, that's all you gotta do.

I understand and obviously plan on doing that but that doesn't answer my questions in my last post before this one.

 

[eerelations]

If you do what I told you to do, you won't have any questions that need answers.

 

[EmilRu]

If you do what I told you to do, you won't have any questions that need answers.

That doesn't really help me with the concerns I stated in my other statement. I just want to know if they can consider and include non payment as damages? If it isn't actually damages.

Can they also claim the computer as stolen even though it is not?

With them wanting to still take me to court, What would the purpose of this be? Is there a point? Like would the courts just solidify the agreement we have already made?

 

[eerelations]

First, who is "they"? I thought it was only one person, a "she".

If you pay the correct amounts on time, "they" (whoever "they" are) will not have a valid lawsuit against you (let alone damages), nor will "they" be able to claim the computer was stolen.

If your payments are made in the form of money orders payable to Dell, and you send said payments to "them" via certified mail, and still, somehow, in some sort of weird alternate universe, "they" still manage to file a small claims case against you, you will have records proving that you made the payments on time, and that "they" received said payments. These records will pretty much ensure that you will win "their" case against you.

I recommend you stop paying attention to "their" communications to you. "They" are playing you, and you are falling for it in a major way. You need to just do what I said, and otherwise just ignore "them".

 

[not2cleverRed]

Please heed erelation's advice.

You are coming across as an immature drama llama otherwise.

Our point has been, consistently, if you want to keep the computer, then make the payments in a way that is documentable.

Do not engage, and certainly do not escalate with the other party. Frankly, the limit of your communications should have been along the lines of, "I would like to continue abiding by the agreement of paying off the computer" followed by a documentable way of paying for it. When I said not to pay in cash, I meant paper money, not checks.

Are you an adult or a minor?

 

[LdiJ]

Please heed erelation's advice.

You are coming across as an immature drama llama otherwise.

Our point has been, consistently, if you want to keep the computer, then make the payments in a way that is documentable.

Do not engage, and certainly do not escalate with the other party. Frankly, the limit of your communications should have been along the lines of, "I would like to continue abiding by the agreement of paying off the computer" followed by a documentable way of paying for it. When I said not to pay in cash, I meant paper money, not checks.

Are you an adult or a minor?

They are both being drama llamas in my opinion. Much of what the other party is threatening is utter BS. I suspect that if not teens, they are at least pretty young.

 

[EmilRu]

If you do not want to give advice, opinions, or answers to my questions then you are free to do so.

I am just strictly trying to protect myself from all avenue's and possibilities that is all. So I am making sure I ask questions in order to see what avenue's become available to me in case of any deceit, lies, or slander is made. I am not knowledgeable when it comes to these situations within the law.


Currently the position is as this,
The other party wants me to make out the money orders directly to them and then they will pay Dell from that point forward. Is this still along the definition everyone is trying to tell me about having "documentable proof"?

I mean if I am giving them the money order to pay for the computer and it's made out in their name, then they fail to do so, would that still leave me at fault? Also with keeping a receipt of some kind along with eye witnesses acknowledging the transactions between us as payment for the computer, would I still be liable?

 

[LdiJ]

If you do not want to give advice, opinions, or answers to my questions then you are free to do so.

I am just strictly trying to protect myself from all avenue's and possibilities that is all. So I am making sure I ask questions in order to see what avenue's become available to me in case of any deceit, lies, or slander is made. I am not knowledgeable when it comes to these situations within the law.


Currently the position is as this,
The other party wants me to make out the money orders directly to them and then they will pay Dell from that point forward. Is this still along the definition everyone is trying to tell me about having "documentable proof"?

I mean if I am giving them the money order to pay for the computer and it's made out in their name, then they fail to do so, would that still leave me at fault? Also with keeping a receipt of some kind along with eye witnesses acknowledging the transactions between us as payment for the computer, would I still be liable?

NO, it would not leave you at fault as long as you keep the documentation that show that you paid them.

 

[justalayman]

You can't protect yourself from anything really. The other party is free to do whatever they want, claim what they want, include the cost of their dogs food if they want. The only thing you can do is pay your bills on time.

 

[eerelations]

If you do not want to give advice, opinions, or answers to my questions then you are free to do so.

I am just strictly trying to protect myself from all avenue's and possibilities that is all. So I am making sure I ask questions in order to see what avenue's become available to me in case of any deceit, lies, or slander is made. I am not knowledgeable when it comes to these situations within the law.


Currently the position is as this,
The other party wants me to make out the money orders directly to them and then they will pay Dell from that point forward. Is this still along the definition everyone is trying to tell me about having "documentable proof"?

I mean if I am giving them the money order to pay for the computer and it's made out in their name, then they fail to do so, would that still leave me at fault? Also with keeping a receipt of some kind along with eye witnesses acknowledging the transactions between us as payment for the computer, would I still be liable?

I gave you good, solid and just about perfect advice, and I answered your questions. So don't tell me I didn't.

I told you to make the money orders out to Dell, now you want to do what "they" say instead. And yet you still want to go through the hassle and danger of meeting "them" in person with eyewitnesses and videos etc. even though we've quite vehemently told you that's absolutely not necessary? So why ask for advice if you're just going to do whatever you want to do anyway? (And when doing-whatever-you-want-to-do blows up in your face? Well don't blame us for that.)

This thread has been a huge timewaster for the expert volunteers here. I for one am moving on.

 

[not2cleverRed]

If you do not want to give advice, opinions, or answers to my questions then you are free to do so.

I am just strictly trying to protect myself from all avenue's and possibilities that is all. So I am making sure I ask questions in order to see what avenue's become available to me in case of any deceit, lies, or slander is made. I am not knowledgeable when it comes to these situations within the law.


Currently the position is as this,
The other party wants me to make out the money orders directly to them and then they will pay Dell from that point forward. Is this still along the definition everyone is trying to tell me about having "documentable proof"?

I mean if I am giving them the money order to pay for the computer and it's made out in their name, then they fail to do so, would that still leave me at fault? Also with keeping a receipt of some kind along with eye witnesses acknowledging the transactions between us as payment for the computer, would I still be liable?

No. Reread erelation's advice.

Furthermore, it seems that the Dell account is in the other party's name. Dell will come after her, not you, should she fail to apply payments to the account, since she had frozen you from doing so directly.

In the absence of a written contract, I would advise that included in your certified mailings that you include a letter using standard business letter format (keeping a copy for yourself) stating that, "The enclosed cashier's check [or money order, or however you're paying her] is to be used as a payment towards the [Dell computer], as per our oral agreement on [date]. The total amount that I have paid thus far is: $[total of what you have paid to date]." Or something similar. Be factual and direct, and do it in writing [typed]. Use certified mail. Do not use your mother as a witness, unless you are a minor.

Do not beg. Do not plead. Just proceed in a cold, business like fashion. Skip the texts.

She can choose to contact the police. The police may take her report and tell her it is a civil matter.

She can choose to take you to court over the cost of the computer. In order to do this, she has to file paperwork and serve you. She is not going to walk in at 9 AM to file her paperwork and get an 11 AM slot on the court calendar the same day.

If she obtains a court date and does not properly serve you, and lies to the court about having served you notice, and you do not appear, you have a basis for appealing the default judgement based on lack of service. (However, it is better to show up if you know that there's a court date, even if you've not been served.)

If she actually files the paperwork and this goes to court, it is imperative that you have a lawyer representing you. Based on how you comport yourself in this forum, you would be ill advised to represent yourself. I have seen many thoughtful, intelligent responses to your posts - and you seem to be incapable of understanding them.