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Small Claims in CT Help

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dbag01

Junior Member
What is the name of your state? CT
I am very ill on long term disability. A few years ago when I first became ill, an old friend arrived at my house unsolicited with a check for three thousand dollars & indicated that in view of my financial and health circumstances her (newly deceased) mother would want me to have the money. No mention was made of it being a "loan" and had it been presented as such I would never have accepted the money as I had no way to pay that amount back. At the time I was :confused: incredibly touched by the gesture. As time went on she became uninvolved in my life and I stopped seeing her. Now this person has filed a small claims case against me for the money,we have not seen each other in years. She contacted me via email regarding this money some time back & I answered her and told her my health and financial circumstances, I indicated that since we no longer saw each other I supposed I could understand her change of heart. No other contact was made. I am about to loose half my liver & very sick, I am living on a very small disability income and I cannot afford this debt. I have very little if anything anyone would consider an "asset" other then personal property (no real estate etc)...someone suggested that if I were unable to pay this debt she could ask the court for my vehicle or anything she deemed she wanted to satisfy the debt? Is this possible? I have very little but I need what I have. I answered the court and documented my income source, health issues and indicated that I am too sick to come to court....I also clarifed that I in no way solicited money or considered that I took a "loan"...nothing was in writing.
 
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XNavyLT

Member
How long ago is "a few years"? May be past the statute of limitations, however SHE will have to prove it was a loan, and since it didn't say so on the check (i assume), nor did you have a contract, that will be impossible. Don't worry about this, worry about your health. She probably came upon hard times, and is looking for all angles to get money.
 

dbag01

Junior Member
This all transpired in 2003-2004? I don't think the statute of limitations is up. Yes, she runs her life like a long running soap opera which is partially why we grew away from each other. I just have so much real stuff to deal with, I don't have the energy to deal with soap opera type stuff (meaning, extramarital affairs, neighborhood disputes, family disputes etc and the like). For years I stayed out of her drama and managed to try to be a supportive friend without actually having an opinion or becoming involved. I think the original gesture was meant with good intentions but I know for sure her circumstances have changed a bit.
 

XNavyLT

Member
This all transpired in 2003-2004? I don't think the statute of limitations is up. Yes, she runs her life like a long running soap opera which is partially why we grew away from each other. I just have so much real stuff to deal with, I don't have the energy to deal with soap opera type stuff (meaning, extramarital affairs, neighborhood disputes, family disputes etc and the like). For years I stayed out of her drama and managed to try to be a supportive friend without actually having an opinion or becoming involved. I think the original gesture was meant with good intentions but I know for sure her circumstances have changed a bit.
Even if she does sue you, and wins (very doubtful), she can't touch anything of yours. She can't garnish your disability. Don't worry about this. She has NO PROOF it was a loan, and it will be HER burden not yours. Stop worrying about this silly lady, and get on with getting better.
 

dbag01

Junior Member
Thank you!

Thank you very much for your reply. I appreciate your answer and your support. This whole thing has me very upset because I have never been involved in anything like this on a personal level.
 

dbag01

Junior Member
Can Anyone Clarify???

Hello Again;
A frieind of mine suggested that I go on-line and read the Small Claims Booklet for CT because he said that it says personal property can be taken in place of cash. SO, I went and read the book and sure enough it does have a section that says that, worse, it is not at all clear on who decides what something is worth, who decides what property is available to take and the rest is very vague also. The only thing that is clear is that personal property can be seized by the sheriff if someone does not have the means to pay in cash. I find this to be absurd because that would imply that someone could decide that an object they want is worth XY&Z and they want it and the court will simply say fine?!? How could it possibly be that simple? I could see if it was an object that was involved in the original transaction somehow but otherwise this does not seem reasonable to me. Does anyone know how this works?!?!?! :confused:
 

XNavyLT

Member
You're forgetting SHE has to PROVE it was a loan...NOT you having to prove it wasnt...

Stop fretting.

Since she cant PROVE it was a loan....stop worrying!

It didnt say "loan" or something like that on the memo did it? ....on the check?
 

msiron

Member
Make sure that you 'show up' in court otherwise she will win by default if you're a 'no show'.... and good luck, hope you get well.
 

dbag01

Junior Member
Hi Again;
No it did not say loan anywhere unless it was added after the fact (i.e. if her bank returns the actual canceled check instead of a copy, some still do), and it clearly says "verbal aggreement" in her paperwork. Due to my health I have sent a letter to the court with my answer which clearly states what happened and that I would be unable to appear in person due to hospitalization and health issues and I sent 12 pages of documentation with my answer. In view of this would I still loose by default??
 

seniorjudge

Senior Member
Hi Again;
No it did not say loan anywhere unless it was added after the fact (i.e. if her bank returns the actual canceled check instead of a copy, some still do), and it clearly says "verbal aggreement" in her paperwork. Due to my health I have sent a letter to the court with my answer which clearly states what happened and that I would be unable to appear in person due to hospitalization and health issues and I sent 12 pages of documentation with my answer. In view of this would I still loose by default??
If you don't show up, you could lose (not loose) by default.

Contact your state bar association to get a cheap or free lawyer.

The plaintiff is a crook; don't let her do this.
 

beta

Member
Yes! The problem is if in fact you did default, the court will give no consideration to the answers you filed. They will return it to you directing you to contact Plaintiffs attorney and retain an attorney on your behalf. The rules are the rules. If you feel you deserve special considceration, then you will have to hire an attorney and file papers for a hearing with a Judge! The Judge will determine weather you have avalid excuse! Even if he/she does, you will still have to answer the lawsuit and possibly go to court! I am sure the Plaintiff side will fight any appeal or consideration you may ask for. Good Luck!
 

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