Small Claims Court case for Borrowed item

[WilliamK99]

What is the name of your state (only U.S. law)? I am stationed overseas in Germany, case is being brought forth in California.


Approximately, 18 months ago, my wife borrowed 2 dresses from a woman while stationed overseas. In July my wife messaged her about returning the dresses but received nothing back. The woman left Germany to go back to the states during this time period. 1 month ago my wife donated the dresses to a local thrift shop. Last week the woman contacted us in regards to the dresses and now this week, contacted us in regards to filing a small claims court lawsuit against us in the state of California. What exactly does the law state in regards to small claims lawsuits for military? I am pretty sure my wife would be found liable for the dresses, but am curious as to what the law says in this regards. Neither my wife nor myself live in California.

In addition my name is placed on the court document. Is this even legal to name me in the lawsuit when I had nothing to do with it?

 

[sandyclaus]

What is the name of your state (only U.S. law)? I am stationed overseas in Germany, case is being brought forth in California.


Approximately, 18 months ago, my wife borrowed 2 dresses from a woman while stationed overseas. In July my wife messaged her about returning the dresses but received nothing back. The woman left Germany to go back to the states during this time period. 1 month ago my wife donated the dresses to a local thrift shop. Last week the woman contacted us in regards to the dresses and now this week, contacted us in regards to filing a small claims court lawsuit against us in the state of California. What exactly does the law state in regards to small claims lawsuits for military? I am pretty sure my wife would be found liable for the dresses, but am curious as to what the law says in this regards. Neither my wife nor myself live in California.

In addition my name is placed on the court document. Is this even legal to name me in the lawsuit when I had nothing to do with it?

This is a tough situation. The incident occurred while overseas. If the woman wants to sue you, she would have to do so where YOU live and/or where the incident occurred, neither of which is in California where she has moved.

As to whether or not your wife unlawfully gave the dresses away, there is little question. However, the courts in California do not have jurisdiction over a party that lives out of state (and out of the country), especially when the incident ALSO occurred outside California.

The woman would have also have to have you and your wife served with proper legal notice of the suit, which could take place by certified mail. No service means that the woman could not possibly pursue a case against you either (as you are entitled to proper legal service of the suit in order to defend yourself against it).

Has your wife considered just sending this woman some money to settle the case? When thinking about how much to send, take into consideration that you would be liable for the DEPRECIATED VALUE of the item, NOT the replacement value.

 

[sandyclaus]

Further info: You can challenge venue by writing a letter to the court. This site/page gives you detailed instructions and a sample letter (see the last section of the document):
http://www.courts.ca.gov/partners/documents/howto.pdf

 

[WilliamK99]

How would you know what the DEPRECIATED VALUE is? The woman claims the dresses cost $300 and they are two years old. Is it 10% per year or some other value?

Also if they don't have a receipt for how much the items is worth, how do we know the exact price?

 

[WilliamK99]

Further info: You can challenge venue by writing a letter to the court. This site/page gives you detailed instructions and a sample letter (see the last section of the document):
http://www.courts.ca.gov/partners/documents/howto.pdf

Thanks so much. But if I do challenge the venue, where do I request the venue to be as I am stationed overseas? Since this took place in Germany would it fall under German law? Or because it took place on a military base, does it fall under U.S. law?

We want to fight this as we believe she got the dresses back from the thrift shop as she has friends that work there and she only contacted us, one week after the items were turned in, after 9 months of no contact.... I don't believe in coincidence.

Finally, would I be liable in any of this as my name is on the document they sent me. Basically this is what was sent to us. It was addressed to me, although I was deployed when this happened and wasn't even in the same country as my wife.




 Re: Demand for Payment

Dear Mr. XXX

Please be advised that you owe me the sum of $280.00, the cost of formal gowns Mrs. XXX borrowed and failed to return.

This will be your only chance to settle this matter before I file suit against you in Small Claims Court. I am agreeable to a lump sum payment, or to a payment plan. Please contact me on or before April 9, 2012 for purposes of settling this matter. If I do not hear from you on or before April 9, 2012, I will file a lawsuit against you without further notice. It is in your best interest to settle this matter before a lawsuit is filed. If a judgment is obtained against you, it will negatively affect your ability to get credit, you will be ordered to pay court costs, and you will incur interest at a rate of 10% per annum.

Based on the foregoing, I expect payment in the amount of $280.00 made payable to me, no later than April 9, 2012. (I can be reached at the address below.) If you decide to ignore this demand for payment, I will further pursue all of its legal remedies without further notice to you. This letter serves as evidence that I have attempted to resolve this matter informally.

Sincerely,
XXXXX

 

[sandyclaus]

How would you know what the DEPRECIATED VALUE is? The woman claims the dresses cost $300 and they are two years old. Is it 10% per year or some other value?

Also if they don't have a receipt for how much the items is worth, how do we know the exact price?

First, have her provide a receipt showing the purchase price of the dresses and the date of the purchase. If you don't get the receipt, she could tell you anything she wants. And if she refuses to provide a receipt, then she is clearly hiding something.

Then according to this guide:
http://www.uphelp.org/pdfs/Depreciation_CP.pdf
it shows a depreciation of 20% per year, with an estimated useful life of 5 years.

If the dresses were purchased two years ago for $300 total, then they lose 20% of their value each year, or 40% total for the two years that have passed since their purchase. That would make their value about $180 now.

 

[sandyclaus]

Thanks so much. But if I do challenge the venue, where do I request the venue to be as I am stationed overseas? Since this took place in Germany would it fall under German law? Or because it took place on a military base, does it fall under U.S. law?

We want to fight this as we believe she got the dresses back from the thrift shop as she has friends that work there and she only contacted us, one week after the items were turned in, after 9 months of no contact.... I don't believe in coincidence.

Finally, would I be liable in any of this as my name is on the document they sent me. Basically this is what was sent to us. It was addressed to me, although I was deployed when this happened and wasn't even in the same country as my wife.




 Re: Demand for Payment

Dear Mr. XXX

Please be advised that you owe me the sum of $280.00, the cost of formal gowns Mrs. XXX borrowed and failed to return.

This will be your only chance to settle this matter before I file suit against you in Small Claims Court. I am agreeable to a lump sum payment, or to a payment plan. Please contact me on or before April 9, 2012 for purposes of settling this matter. If I do not hear from you on or before April 9, 2012, I will file a lawsuit against you without further notice. It is in your best interest to settle this matter before a lawsuit is filed. If a judgment is obtained against you, it will negatively affect your ability to get credit, you will be ordered to pay court costs, and you will incur interest at a rate of 10% per annum.

Based on the foregoing, I expect payment in the amount of $280.00 made payable to me, no later than April 9, 2012. (I can be reached at the address below.) If you decide to ignore this demand for payment, I will further pursue all of its legal remedies without further notice to you. This letter serves as evidence that I have attempted to resolve this matter informally.

Sincerely,
XXXXX

As far as the jurisdiction on the military base is concerned, that's a good question. I'm not sure if it would be local (German) law that would apply, or if it would fall under Military Law. Maybe you can contact the appropriate person on the base and ask them this question?

Where exactly was your wife when this occurred? Was she in Germany with you, was she in California (was she ever?), or was she somewhere else altogether? Where exactly is this thrift shop?

And as for whether or not the woman got her items back, that you would have to prove. If you have no evidence she received them back, then you would have to eat the loss.

 

[WilliamK99]

As far as the jurisdiction on the military base is concerned, that's a good question. I'm not sure if it would be local (German) law that would apply, or if it would fall under Military Law. Maybe you can contact the appropriate person on the base and ask them this question?

Where exactly was your wife when this occurred? Was she in Germany with you, was she in California (was she ever?), or was she somewhere else altogether? Where exactly is this thrift shop?

And as for whether or not the woman got her items back, that you would have to prove. If you have no evidence she received them back, then you would have to eat the loss.

I talked to our law office earlier today and they said they don't get involved in personal matters, so back at square one in that respect. The dresses were handed off on base in Germany. The only reason why she is filing there is because they are stationed there now.

The thrift shop is similiar to Goodwill in the states, you donate your old items and people can buy them with the money going to support community activities.

One final question in regards to depreciated value, is it from the day she purchased it until now, or is it from the day she purchased it until the day she loaned it?

Thanks again for your help!

 

[Ohiogal]

What is the name of your state (only U.S. law)? I am stationed overseas in Germany, case is being brought forth in California.


Approximately, 18 months ago, my wife borrowed 2 dresses from a woman while stationed overseas. In July my wife messaged her about returning the dresses but received nothing back. The woman left Germany to go back to the states during this time period. 1 month ago my wife donated the dresses to a local thrift shop. Last week the woman contacted us in regards to the dresses and now this week, contacted us in regards to filing a small claims court lawsuit against us in the state of California. What exactly does the law state in regards to small claims lawsuits for military? I am pretty sure my wife would be found liable for the dresses, but am curious as to what the law says in this regards. Neither my wife nor myself live in California.

In addition my name is placed on the court document. Is this even legal to name me in the lawsuit when I had nothing to do with it?

Your wife had NO RIGHT to donate property that was not hers. She owes the woman for the dresses. Your wife should settle the lawsuit and pay for the dresses.

 

[WilliamK99]

Thanks all for your advice, I received evidence that her friend picked up the dresses from the thrift shop, showed the evidence to her, and she changed her tune to "trying to teach her a lesson". I should have withheld the evidence until she issued a sworn statement so she could perjur herself, but decided to be nice about it...

Thanks all once again.

 

[sandyclaus]

Thanks all for your advice, I received evidence that her friend picked up the dresses from the thrift shop, showed the evidence to her, and she changed her tune to "trying to teach her a lesson". I should have withheld the evidence until she issued a sworn statement so she could perjur herself, but decided to be nice about it...

Thanks all once again.

Translation: She got caught in a lie, and trying to defraud you/your wife out of money she was never entitled to.

Those are the kind of people who deserve to get what's coming to them, because it is indeed they who deserve to be taught the lesson.

 

[startedone]

Further info: You can challenge venue by writing a letter to the court. This site/page gives you detailed instructions and a sample letter (see the last section of the document):
http://www.courts.ca.gov/partners/documents/howto.pdf

The court should do a jurisdiction check on its own motion too .. but highlighting it won't hurt.

 

[antrc170]

The jurisdiction for the case may very well be in California. Since the incident occurred on a military installation, the jurisdiction for civil matters will remain with the service members home of record because they are still "citizens" of their home state and pay taxes, etc. If one member returns to the states and the other remains overseas, the jurisdiction may be applicable in one of three places. The plaintiffs home of record, the defendents home of record or the plaintiff current jurisdiction. It can be confusing because of the moves but jurisdictional questions shall not be used to bar a service member from pursuing civil actions.

 

[Zigner]

HOWEVER, that would cause problems for personal service (required in California)