Ex employer threatning to sue

[George1776]

Dispute letter written and 2 copies made, will go into mail tomorrow.

Thank you all so very much for your input.

Just ignore them, you/your son owes them nothing.

 

[aleshanee]

An update on the craziness...


He filed civil suit with the wrong magistrate...
wonder how he will feel when we object with "improper venue"?

 

[aleshanee]

I am thinking ahead a little here, but I have a new question.

What happens when we go to court and if my son loses, lets say that the judge feels $50 is the cost of the door.
Would that judgement make the Federal Truth in Lending Act valid in this case?
(since it's printed on the back of the bill)

If it does make it valid, there is a clause in that bill that states:
If we do not follow these rules, we are not allowed to collect the first $50 dollars of the disputed amount.

Would that be a counter-suit or is that something that the judge takes care of in the ruling?

I hope that I said all that right. lol

 

[aleshanee]

Well we went to the magistrate and objected with "improper venue" and the case was transfered to an appropriate magistrate.
We are awaiting new papers.

My son has decided that he wants to pay for the door and just the door (plus a little paint and primer) in the amount of $63.35
I would like to draft a letter to go with his payment but am unsure of how to word it. I think it should be clear that this amount would constitute payment in full on his part but don't know what else should be included?

Any input?

 

[aleshanee]

Still dealing with this believe it or not.
Don't have any questions really. Just wondered if anyone saw anything in the rest of story that I may have missed and that might be important when we go to court.


We are with the correct magistrate now and we have filed a countersuit for violation of the Federal Truth In Lending Act.
I have subpoenaed his former manager for the Original write up form that he signed when this happened. (to prove the date)
We have also been receiving regular statements every month, but 2 months ago the $79.50 for court costs was added to the statements and since he hasn't paid they are now charging interest on the whole thing.
He did mail the payment (a check sent return receipt) and they never cashed it, but also didn't give him credit for it on the monthly bills.

But the most humorous part of it all is the plaintiff has asked for a continuance so that he may hire an attorney. (i think he might be shaking in his boots a little)

I guess that's it in a nutshell.
Anything else I should be looking into?

 

[davidmcbeth3]

Still dealing with this believe it or not.
Don't have any questions really. Just wondered if anyone saw anything in the rest of story that I may have missed and that might be important when we go to court.


We are with the correct magistrate now and we have filed a countersuit for violation of the Federal Truth In Lending Act.
I have subpoenaed his former manager for the Original write up form that he signed when this happened. (to prove the date)
We have also been receiving regular statements every month, but 2 months ago the $79.50 for court costs was added to the statements and since he hasn't paid they are now charging interest on the whole thing.
He did mail the payment (a check sent return receipt) and they never cashed it, but also didn't give him credit for it on the monthly bills.

But the most humorous part of it all is the plaintiff has asked for a continuance so that he may hire an attorney. (i think he might be shaking in his boots a little)

I guess that's it in a nutshell.
Anything else I should be looking into?

Why did he send in a check? For what?

 

[aleshanee]

He sent a check for the cost of the door only.
He has felt along that since he did do the damage(albeit accidentally) that he should at least pay that much.
I tried to talk him out of it, but what can ya do when your kid wants to take responsibility?

 

[Gail in Georgia]

?Pat him on the back for being a responsible adult?

Gail

 

[aleshanee]

I do give him credit for being responsible, and have told him that I am proud of his decision to stand up and do the right thing.

 

[noho]

OP, did you already mention what your son did to get fired? Sounds like the employer has a personal grudge.

 

[aleshanee]

My son is not sure of the reason for getting fired.
His boss called him one day and told him that the owner (the same one as is suing him) did not want him in the store anymore. I am not sure if the owner just found out about the door incident at the time or not.

And yes I felt the same way about the whole thing. That the owner had it out for him. (which is why I advised him to ignore the bills.)