Possible Small Claims Suit & Questions

[EmilRu]

What is the name of your state (only U.S. law)? New Jersey

Hi,

I am not sure if this is the right section for this but I think this is as close as I am going to get. The case at hand is as such, My friend financed a computer for me back in November. We got into a fight in December and they threatened to take the computer back even though it was a gift and that I was the one making the payments on it. We got past that and made up so the threatening stopped. I thought everything was worked out and now once again they are threatening to take the computer away again and attempt to say it was stolen.

My question is what kind of lawyer would I need to handle this case? I have video proof that she gave me the computer and bank statements proving that I am the one making payments on it. I don't know where this would fall under the Law. It was a gift but with an understanding that I would be responsible for making the monthly payments on the computer.

The individual is also threatening to file a complaint with the police that the computer was stolen. They are also threatening to file 3 lawsuits, 1) Repossession of the computer or pay it in full. 2) Diminished value claim. & 3) Judgement to force payment. It will also garnish wages from any W2 type position and cause audits/tax liens against 1099 filings.

So what can I do and what type of Lawyer would I need if this goes to court? I am also considering suing the individual for mental anguish and emotional distress.

 

[quincy]

What is the name of your state (only U.S. law)? New Jersey

... My friend financed a computer for me back in November. We got into a fight in December and they threatened to take the computer back even though it was a gift and that I was the one making the payments on it.

So, the computer was financed in November and one month later there was a dispute of some sort between you and your friend. What was the purchase price of the computer and how much have you paid of that amount? Do you have a written agreement with your friend that details the terms and conditions of purchase and payment?

And what was this first dispute over?

We got past that and made up so the threatening stopped. I thought everything was worked out and now once again they are threatening to take the computer away again and attempt to say it was stolen.

You had a dispute with your friend in December, it was resolved, and then in the same month a short time later you had another dispute. What was THIS dispute over?

My question is what kind of lawyer would I need to handle this case? I have video proof that she gave me the computer and bank statements proving that I am the one making payments on it. I don't know where this would fall under the Law. It was a gift but with an understanding that I would be responsible for making the monthly payments on the computer.

What is your payment arrangement? Every week, every two weeks, once a month? How many payments have you made?

This computer-purchase arrangement does not sound at all like a "gift" to me. Gifts do not have strings attached and do not require the recipient of the gift to pay for it.

The individual is also threatening to file a complaint with the police that the computer was stolen. They are also threatening to file 3 lawsuits, 1) Repossession of the computer or pay it in full. 2) Diminished value claim. & 3) Judgement to force payment. It will also garnish wages from any W2 type position and cause audits/tax liens against 1099 filings.

This friend of yours is certainly not acting very friendly. How likely it is that your friend will take these actions is a question mark but there is really nothing you can do to prevent this person from filing a complaint with the police or filing a lawsuit against you.

Again, what is the dispute that you are having with your friend that is leading to these threats?

So what can I do

What can you do? You can resolve in an amicable way whatever dispute it is you are having with your friend that is leading to all of the threats, or you can give the computer back, or you can pay for the computer in full, or you can wait to be sued and see how the court views the ownership of the computer.

... and what type of Lawyer would I need if this goes to court?

I am not sure what type of lawyer you would need, if you need any lawyer at all. It appears that a general practice lawyer would be adequate for your needs if this matter winds up in court (although small claims cases generally can be handled without a lawyer) or you might want a criminal lawyer if you are charged with theft.

I am also considering suing the individual for mental anguish and emotional distress.

You are not going to be able to sue for mental anguish and emotional distress.

 

[EmilRu]

So, the computer was financed in November and one month later there was a dispute of some sort between you and your friend. What was the purchase price of the computer and how much have you paid of that amount? Do you have a written agreement with your friend that details the terms and conditions of purchase and payment?

To answer your first question, The purchase price was $2,100 roughly. Your second question, I made the first installment/payment on December 20th of $132. I was about to make another payment for January but then all this occurred. There was no written agreement to the terms and conditions. It was all verbal.

And what was this first dispute over?

This question is going to have a dumb sounding answer. We were hanging out with a bunch of mutual friends and driving around. I asked her prior to hanging out with her if she could help me out with getting some toilet paper. She replied saying, "Sure. No problem." Later that night as we were ready to head home. I suggested that she go to Shop-Rite to get cheaper toilet paper and I felt that with the location we were in it would be closer as well. She felt differently and that's when we had our "dispute". At that time things we said out of anger and being upset over something so stupid.

You had a dispute with your friend in December, it was resolved, and then in the same month a short time later you had another dispute. What was THIS dispute over?

We didn't have another dispute until basically 12:04 AM EST on New Years Day/Morning. The dispute happened after they left my place where we hung out together for a few hours playing video games and just random chatting. They then went home roughly around 11 PM EST. Then proceeded to text me saying, "I wanted to remind you to not forget about the deal we made regarding the computer."
Then said, "The debit card and the medication. I'm holding you to that. You have until Jan 31st. A whole month." (Referring to after that 1st argument, We made a new verbal agreement where I would give them by debit card to hold onto and start getting on medication for my mental health issues.)
Their final text said, "Comprende?"
Where I replied, "You can't force me into anything nor give me a date for things. The medication is my choice and I will do it regardless of the deal but it's my decision in the end. Trying to push me and force me into something will just further push me away. I am making the payments for the computer and will continue to do so. I will be giving you my debit card when possible and we can find the time to do so. I don't want to talk about the past. I am just finally getting thru it and over it. It was stressful enough the 1st time. Please don't push the issue."
Last time we got into the dispute it sent me to the hospital because I was overwhelmed by anxiety, panic attacks, and so on.
The conversation continued one sided with her continuing to text me with, " I knew you would say that."
Then, "I'm starting to regret it."
Then, "I lied. I do regret it. Honestly. I'm getting pissed now"
Then, "I want that computer back"
and finally, "I'm coming by tonight to get it (referring to the computer.) She then started calling me repeatedly where after about 15 times I answered and told them, "I am not giving it back it was a gift and we had an agreement that I have not broken."

What is your payment arrangement? Every week, every two weeks, once a month? How many payments have you made?

The payments are to be made once a month. The minimum requirement is $66/month but I have til next November to pay it all off. I have made 1 payment only thus far and the computer has been in my possession since late November.

This computer-purchase arrangement does not sound at all like a "gift" to me. Gifts do not have strings attached and do not require the recipient of the gift to pay for it.

Ok, Well it was intended as a "Gift" with the original understanding that I will be responsible for making the monthly payments. However, I see your side as well. What can I do in regards to this then? What actions can I take and What kind of Lawyer should I be looking for? I have never had to deal with something like this before. All of it is ridiculous! I'm the one in possession of the computer and making payments on it. Since it was given to me, in my possession, and I'm the one making the payments on it. Then isn't it legally mine?

This friend of yours is certainly not acting very friendly. How likely it is that your friend will take these actions is a question mark but there is really nothing you can do to prevent this person from filing a complaint with the police or filing a lawsuit against you.

They are very likely to take these actions and have already made claims to do so or have done so. The complaint they are filing is stating that I stole the computer! Which is absolutely untrue!

Again, what is the dispute that you are having with your friend that is leading to these threats?

The dispute has already been mentioned above even though it is long winded and obviously stupid. I am not entirely sure for their reasoning or why they are doing this, this second time around.

What can you do? You can resolve in an amicable way whatever dispute it is you are having with your friend that is leading to all of the threats, or you can give the computer back, or you can pay for the computer in full, or you can wait to be sued and see how the court views the ownership of the computer.

They are not willing to resolve the matter. So these choices you have listed are my only choices? I cannot pay the computer in full. This is why it was financed in the first place upon my behalf. If I am sued what is the worst I could be looking at? Give the computer back? What about the money I have already invested into the computer though?

I am not sure what type of lawyer you would need, if you need any lawyer at all. It appears that a general practice lawyer would be adequate for your needs if this matter winds up in court (although small claims cases generally can be handled without a lawyer) or you might want a criminal lawyer if you are charged with theft.

I would much rather have a Lawyer representing me and to present my case. Can I really be charged with theft even though I have evidence to the contrary? I have a video showing us together, driving to their home, and picking up the computer to bring back to my place for me to own and keep.

You are not going to be able to sue for mental anguish and emotional distress.

Why wouldn't I be able to sue for at least mental anguish? Which from what I have read this falls under cause it has caused me Anxiety, Depression, Distress, and Grief. This incident the 1st time around sent me to the hospital.

 

[adjusterjack]

This is one of those stories that makes be believe that the human race is doomed.

 

[LdiJ]

What is the name of your state (only U.S. law)? New Jersey

Hi,

I am not sure if this is the right section for this but I think this is as close as I am going to get. The case at hand is as such, My friend financed a computer for me back in November. We got into a fight in December and they threatened to take the computer back even though it was a gift and that I was the one making the payments on it. We got past that and made up so the threatening stopped. I thought everything was worked out and now once again they are threatening to take the computer away again and attempt to say it was stolen.

My question is what kind of lawyer would I need to handle this case? I have video proof that she gave me the computer and bank statements proving that I am the one making payments on it. I don't know where this would fall under the Law. It was a gift but with an understanding that I would be responsible for making the monthly payments on the computer.

The individual is also threatening to file a complaint with the police that the computer was stolen. They are also threatening to file 3 lawsuits, 1) Repossession of the computer or pay it in full. 2) Diminished value claim. & 3) Judgement to force payment. It will also garnish wages from any W2 type position and cause audits/tax liens against 1099 filings.

So what can I do and what type of Lawyer would I need if this goes to court? I am also considering suing the individual for mental anguish and emotional distress.

Most of the bolded is utter BS.

Yes, they could call the police but its likely that the police would consider it a civil matter.

Yes, they could sue you in small claims court (attorney not needed) but since you have not breached your oral contract at this point its not all that likely that they would win.

However whole diminished value claim, judgment to force payment, garnish wages, and causing audits/taxes liens against 1099 filing is utter BS at this point. Some of that is things that are available for them to do IF they sue and IF they win and IF you don't pay after they win.

Your idea of suing for mental anguish and emotional distress is pretty much BS too.

You both sound like you are playing somewhat childish games with each other and fighting over dumb things. Just make the payments as agreed, keep the computer, and let things unfold as they will.

 

[EmilRu]

Yes, they could call the police but its likely that the police would consider it a civil matter.

Well they are threatening to tell the police it was stolen. Even though I have video evidence to the contrary!

Yes, they could sue you in small claims court (attorney not needed) but since you have not breached your oral contract at this point its not all that likely that they would win.

I'd still prefer an attorney as I mentioned to quincy because I wouldn't know the proper things to say and wouldn't want to obviously lose. But however you are correct I have not breached any of the oral contract as I have made payments already and planned on still doing so but then stuff hit the fan and I am not sure what to expect or where this will go next.

However whole diminished value claim, judgment to force payment, garnish wages, and causing audits/taxes liens against 1099 filing is utter BS at this point. Some of that is things that are available for them to do IF they sue and IF they win and IF you don't pay after they win.

Would they still be able to take my wages from my disability? I am currently disabled and collecting disability.

You both sound like you are playing somewhat childish games with each other and fighting over dumb things. Just make the payments as agreed, keep the computer, and let things unfold as they will.

I don't disagree with what you are saying about this being childish and dumb! I also don't disagree it's childish and dumb on both our parts. I plan on making continued payments as agreed, keep the computer, and see if this will end up actually going to court.

 

[LdiJ]

Well they are threatening to tell the police it was stolen. Even though I have video evidence to the contrary!

That does not change the fact that the police (once they talk to you) will say that its a civil matter.

I'd still prefer an attorney as I mentioned to quincy because I wouldn't know the proper things to say and wouldn't want to obviously lose. But however you are correct I have not breached any of the oral contract as I have made payments already and planned on still doing so but then stuff hit the fan and I am not sure what to expect or where this will go next.

An attorney would likely cost more or as much as you owe on the computer. If you are not willing to at least try to handle it without an attorney, you might as well just pay it off in full, now.

Would they still be able to take my wages from my disability? I am currently disabled and collecting disability.

Disability is not wages. If you are receiving social security disability or SSI, neither can be garnished for this kind of debt, assuming that they would win.

I don't disagree with what you are saying about this being childish and dumb! I also don't disagree it's childish and dumb on both our parts. I plan on making continued payments as agreed, keep the computer, and see if this will end up actually going to court.

Good luck.

 

[quincy]

Thank you for answering all of the questions I asked, EmilRu.

I received your message and, although I think LdiJ responded to most of what you wrote, there is a little bit that I can add.

The major problem with an oral agreement is that rarely do both parties remember the terms of the agreement in exactly the same way. When a dispute over an oral agreement arises and one of the parties sues the other party, the judge often must make a decision based solely on whose story is more believable. If one party has evidence to support their version of the agreement, this can be given a lot of weight.

It appears that the arguments you have had with your friend are ones that can be resolved without a court action. It could be as simple as one of you offering a sincere apology to the other and then continuing on with the agreement previously made. It could be you giving back the computer in exchange for a refund of the money you have already paid toward its purchase.

If an apology is too difficult for either one of you to offer the other and the previous agreement is not going to be upheld, and a return in exchange for the money paid does not sound reasonable to you or acceptable to your friend, and if a small claims action seems imminent, you will want to hang onto anything you might have that evidences your oral agreement over the computer. If you received a receipt for the first payment, keep that, or if you paid by check, the cashed check can be your receipt.

Here are two links to information on New Jersey small claims actions to give you an idea of the procedure (and what sort of damages can be awarded), should your friend decide to sue:

https://www.judiciary.state.nj.us/prose/

http://www.judiciary.state.nj.us/ocean/small_claims.html

Good luck.

 

[justalayman]

You've made one payment. Why don't you just give it to Them so you don't have to worry about this "friend" threatenin you until it's fully paid off? It seems a bit masochistic to continue the relationship.

 

[CTU]

And just how old are you folks?

It reads like you're a couple of 15 year olds bickering ... and if that's the case, the legalities would be quite different.

If you're actually adults, then I echo adjusterjack's sentiment.

 

[EmilRu]

Just wanted to thank everyone for their input and advice. Hopefully this can and will be resolved in time. I know it has all been very childish and the individual won't even speak to me right now and I think its best to just give them space til they calm down. Maybe with a clearer head they will be willing to talk.

Quincy and LdiJ, I really appreciate all you guys have especially done.

Justalayman - I refused already to give back the computer and it was given to me to help me work from home as well as do other things. I asked the individual to finance it for me and that I would make the payments on it in return for them doing so. If they were to take it away it would mean that I'd no longer be able to work which is why I am refusing to give it back.

One last question to anyone, When they attempt to take me to small claims aka sue me, they must serve me papers first right?

 

[justalayman]

If sued you will be served with a complaint.

While I get your point of why you are in this situation, given the amount of issues already, I really think you are setting yourself up for a year of problem. For your own benefit and piece of mind one would think you would find some other way to obtain a computer.

 

[LdiJ]

If sued you will be served with a complaint.

While I get your point of why you are in this situation, given the amount of issues already, I really think you are setting yourself up for a year of problem. For your own benefit and piece of mind one would think you would find some other way to obtain a computer.

If the OP had another way to do that he/she probably would have done it in the first place. If he/she gives up the computer he/she will no longer be able to work. It think some hassle is worth it to keep your job.

 

[justalayman]

If the OP had another way to do that he/she probably would have done it in the first place. If he/she gives up the computer he/she will no longer be able to work. It think some hassle is worth it to keep your job.

I would stand on the street corner and panhandle for
The money before I continued in the situation op posted. I suspect she is in for a very long stressful 2017. Even if she pays the loan the "friend" can still cause a boatload of problems by claiming ownership (with obvious proof of purchase) and claim she only loaned it to the op.


I guess if a person enjoys such turmoil in their life they can continue on with the situation as it is. I'm not that kind of person and would find an alternative means of effecting a solution. There are likely alternatives.



I love where the op states, multiple times, she wants a lawyer to asssit her. Just where does she plan on obtaining the money to pay an attorney? If she can afford an attorney she can surely afford a computer. I can get a basic computer for less than $500 (brand new). It's not a top of the line model with super fast speeds and all the bells and whistles but it is more than adequate to do anything needed to work on the internet. Even if dealing in graphics it will work. It is just slower.

I can find decent used computers for even less.

Did you see where the computer invovled cost $2100? Do you know what kind of computer you can get for $2100? That's a lot of money for a computer now a days. My current computer cost me less than $40 and it works just great for anything I need to do. There is no need for the typical user to pay $2100 for a computer. Since this is to work at home op can use a desk top rather than a laptop. I can get a really good (read quite fast and does have bells and whistles) for < $1000 brand new.

Here's a laptop for barely more than the single payment op made;

http://m.staples.com/Dell-Inspiron-14-i3452-0200BLK-Laptop-Intel-Celeron-Processor-2GB-RAM-32GB/product_2455175?cid=PS:GooglePLAs:2455175&ci_src=17588969&ci_sku=2455175&KPID=2455175&cvosrc=PLA.google-SALES.Laptop%20%26%20Desktop%20Computers&cvo_crid=39357181302&cvo_campaign=71700000015225259&gclid=CJHak47jo9ECFYa1wAod8qIDaw


Seriously, there are options.

 

[EmilRu]

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.