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Suing for 700 for furniture

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wanteggonherfac

Junior Member
What is the name of your state (only U.S. law)? The name of my state is Florida. And I have a now former friend who has threatened to take me to court. She and I were suppose to move into together with the understanding that we would use her couches when we move. She has rented a room in someone's home and decided instead she wanted to sell the couches for 700. I told her I would take the couches and she had them put into my garage. They have gone untouched in my garage because I won't be moving until August which is also aware of. I have yet to pay her for the couches as of yet because I have not moved. When I went to look at the couches I saw a tear in the side arm of one of the main couches and stains on all of them. I contacted her and informed her of this and she basically said well that's not my problem. I told her I no longer want the couches and would like to return them to her and she had declined to take them back and is now saying she will sue me and force me to pay her the 700 dollars for them. I have not touched these couches or used them in anyway and am returning them in the exact condition she gave them to me in. I did not agree to pay for couches that had tears and stains in them. In addition, when she moved out of her apartment and into her room she brought all her other belongings and have stored them in my garage as I offered to help her to avoid her paying for a storage unit. She gave me the rest of the items she was unable to sell and didn't want thrown away including dishes, silverware and a TV for my son. She is now saying she is coming to get the other things she stored in the garage and she wants the TV back as well. I have no way of proving she "gave" me the TV however I am pretty sure I can make the point that she gave me the dishes and silverware because I have that in a text message. I could explain to the judge that it makes no sense that she will admit to giving me the minor things but now that she wants to sue she will not admit to giving me the TV that she did. Does she have a case, do I have a defense and should I hire a lawyer now or wait for her to go through with the suit? Thank you!
 


justalayman

Senior Member
Pay her for the couches. It was your obligation to inspect them upon the sale. You failed to do that. Further, how is she to know the damage you mentioned wasn't done while in your garage?


I did not agree to pay for couches that had tears and stains in them.
actually, if you want to argue the tears and stains were pre-existing, yes, you did agree to pay for couches that had tears and stains in them.

to the other misc property: if you can prove a transfer of some of it, great. To something larger like a tv, it may be difficult since she has shown that she is not wanting to give you a big ticket item as evidenced by you buying the couch. She could put forth an argument of: if I made him pay for the couch, why would I treat the tv any differently.

Without evidence or her admission she did give you the tv, it might be a hard sell in court.
 
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wanteggonherfac

Junior Member
The sale wasn't complete until August, and the couches were to remain in my garage until that time frame. When I inspected the couches that is when I discovered the issues with them and no longer want them and wish to return them to her, I have not said I am going to keep the couches and not pay her the money. In addition, she has already stated via text messages that the tear could have come from a number of things including the move from her home to my home. I also have a statement from her former roommate who stated she vomited on the couches and put stains there which is proof I did not put the stains there miraculously from my garage. I don't care about the TV, my main concern is the couches.
 

wanteggonherfac

Junior Member
Also just to add I did not agree to pay for couches that had issues with them. When I saw her couches the very last time it was in November or December and none of those issues were present.
 

Zigner

Senior Member, Non-Attorney
You received your answer. Based on what you posted, it appears that they are YOUR couches and you owe $700.00
 

justalayman

Senior Member
the contract was made when this was said:


She has rented a room in someone's home and decided instead she wanted to sell the couches for 700. I told her I would take the couches and she had them put into my garage.
was that in August?

the fact the couches are stained or torn is immaterial. You had the option of inspecting the couches. If you refused to do so, you accepted them as they were. If you inspected them , you accepted them as they were.


They are your couches. Give her her money.
 

wanteggonherfac

Junior Member
Okay thank you for your opinion. Glad that your not an attorney!! I'm just going to find an attorney and let them handle it!! Thanks!
 

Zigner

Senior Member, Non-Attorney
Okay thank you for your opinion. Glad that your not an attorney!! I'm just going to find an attorney and let them handle it!! Thanks!
I'm sure the $3,200.00+ that you end up spending ($2,500+ for the attorney and the original $700 plus additional interest, fees, etc.) will be well worth it.
 

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