Someone is taking me to court over $5

[caprisun]

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

So I'm moving and trying to get rid of all my stuff on craiglist. I posted a $5 boombox and someone came out to pick it up. I noticed the battery panel was missing so I offered to give it to them for free but they insisted on paying. A week later, they called me to say they wanted a refund; they wanted me to mail them their $5 back; without returning my boombox. I'm like WOW whatever it's only $5; they'll get over it, afterall I tried to give it to them for free. 4 days later I get another voicemail asking where their money is. Now 6 days letter I have 7 missed calls from them and they are threatening to take me to small claims court on counts of fraud and they're dumping the court costs on me should they win. Is there really any justification for this? If I were a judge, I'd probably laugh if someone wanted to go through all this effort...

 

[Zigner]

Send them $5

 

[caprisun]

Send them $5

Wouid that void the case they've filed though because according to her message, she's already made a claim.

 

[Zigner]

Wouid that void the case they've filed though because according to her message, she's already made a claim.

It sounds to me like this lady has no case what-so-ever. However, it's a financial matter for you. Don't just accept at her word that a case has been filed...

 

[ErinGoBragh]

Just to address why someone may doing this, here is one of the only accurate legal things I've ever heard from The People's Court for you:

"Small claims is often more about the principle of the matter than the money."

 

[caprisun]

Update

Well my friend who is studying law told me to ignore it if she didn't know my address because she can't file a claim. In the last few hours, she found out my address, my work address and my direct line, none of which are listed. She also told me that she would be coming to my work tomorrow (about an hour drive) and if I wasn't there she'd come to my home and wouldn't stop until she gets her money back. I mean this is beyond psycho crazy. Couldn't this be construed as harassment?

 

[CraigFL]

Just remember if you lose in court, you get to pay the court fees too...

But this sounds scammy to me-- you buy something cheap, walk away with it and make the seller give you your money back too.

 

[Zigner]

Well my friend who is studying law told me to ignore it if she didn't know my address because she can't file a claim. In the last few hours, she found out my address, my work address and my direct line, none of which are listed. She also told me that she would be coming to my work tomorrow (about an hour drive) and if I wasn't there she'd come to my home and wouldn't stop until she gets her money back. I mean this is beyond psycho crazy. Couldn't this be construed as harassment?

So, a lawsuit HASN'T been filed - give her the $5 back (you already offered to give her the boombox for free)

 

[caprisun]

She had told me originally she had filed a claim against me, that's why I'm shocked she all of a sudden wants to show up at my work. Thankfully from my friend, I now know she was unable to. Judging from this lady's attitude though, I wouldn't be surprised even after picking up the money, she would STILL file a suit now having my address. I have no problem handing over $5.. that's not enough to even buy me dinner. The problem I have now is the amount of harassment I've gone through. I have 7 calls on my cell, 14 emails, 1 work call, and now a visit at my workplace in which case if she starts going around calling me a fraud at the office, WE'VE GOT A HUGE PROBLEM. Also should she decide to take me to court knowing my address now, it would be almost pointless for her right?

 

[Antigone*]

She had told me originally she had filed a claim against me, that's why I'm shocked she all of a sudden wants to show up at my work. Thankfully from my friend, I now know she was unable to. Judging from this lady's attitude though, I wouldn't be surprised even after picking up the money, she would STILL file a suit now having my address. I have no problem handing over $5.. that's not enough to even buy me dinner. The problem I have now is the amount of harassment I've gone through. I have 7 calls on my cell, 14 emails, 1 work call, and now a visit at my workplace in which case if she starts going around calling me a fraud at the office, WE'VE GOT A HUGE PROBLEM. Also should she decide to take me to court knowing my address now, it would be almost pointless for her right?

Do you really think the people at your office are going to care about this psycho lunatic crying over five bucks. If she does show up at your place of business call the cops.

Maybe Judge Judy can take the case of the $5 boom box.

By the way...keep copies of every correspondence with her, you may just need it for a restraining order.

take care - ana.

 

[Tayla]

Fact: Someone picked up the item . (meaning they got your address)
Fact: No mention of receipt.
Fact; No true documentation that a court filing has happened.
Fact: It will cost this person at least 45$ to file and they are alledgedly suing for the full 5$?
Fact: Report it stolen if the person is filing suit. Without a receipt the burden lays on them.
Fact: Frivilous lawsuit.

 

[Zigner]

Fact: Report it stolen if the person is filing suit. Without a receipt the burden lays on them.

Bad advice - filing a false police report is a crime.