• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Claim Question? Please Help

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

B

Boilermegan

Guest
i live in indianapolis, in. an ex boyfriend of mine gave a weightlifting set to me to use, we broke up in sept. 2000 at whcih time i said he should pick it up whenever he wanted, he said he couldn't fit it in his car, i said i would try to bring it to him when i get a chance, he said whenenver it was easy for me. i didn't hear from him, and never contacted him. i moved into a new apartment in march 2001, and didn't want to move the equipment, i didn't want it in the first place. i left it at the apartment complex (becomes their property - and is now long gone). he called this month, said he wants it - i told him i left it and couldn't move it myself, and he could have picked it up anytime. he has now summoned me to small claims court. listing "i lent her my poerblock and she failed ot help me retreive it" as the claim. is it valid since he abandoned it at my apartment? is it true that if we go to court and he wins it will show on my credit report - even after i pay him? should i try to settle with him - or do i have a case? please help - my court date is in a week and a half.

thanks
 
Last edited:


JETX

Senior Member
Q1) "is it valid since he abandoned it at my apartment?"
A1) According to your post, the last agreement was that YOU would return it to him at your convenience. You didn't do that, but instead YOU left it when you moved. And since you apparently didn't advise him of your move and your abandonment of his property, you are responsible for the loss or damage.

Q2) "is it true that if we go to court and he wins it will show on my credit report - even after i pay him?"
A2) Yes and no. If he gets a judgment and you don't pay, he can report it to the CRA's (Credit Reporting Agencies). However, if you pay it and get a "Satisfaction of Judgment", you can send that to the CRA and dispute the report.

Q3) "should i try to settle with him - or do i have a case?"
A3) If he can show that YOU were responsible for the return of his property (as YOU claim in your post), he should win. If he can't prove it, you could win. Your decision, but I feel that you have already shown that you are responsible.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top