Friends computer help gone bad

[jshaikh]

Friendly computer help gone bad

I built a computer for a friend of the family in Dec 1999. The parts were purchased from a local computer store and provided to him (with the stores warranty info on the recipts). I also explained that the parts where under warranty by the manufacturers as they are new. He paid me about $100 for doing this for him. This money was not requested nor expected, but added to the check given to me for reimbursment of the parts.

The computer had a virus in July 2000 which destroyed files. I reinstalled the OS and got the computer back up and running for him. Again he gave me about $50 for the trouble in the same manner. I installed virus software on the computer and the money paid was over the amount of the stores invoice.

I was called in Dec 2000 and informed that there was another problem and the video card, which is now missing, had been sent back to the manufacuturer. The manufacuture was now out of business and they couldn't get the card back. They are holding me responsible for the computer. I agreed to replace the card with a new one for the friend, which I did, at my cost ($100+time). After purchasing and replacing the card, "the friend" now says that he doesn't want the computer back but wants me to return him all the money he has given me, including the cost of all parts and software. He is now threatening to take me to small claims court for the amount.

He is also sending me letters claiming that the computer never worked and wants to be made whole. Needless to say, this "friend" is no longer a friend. I am concerned and would like to know what there is I can do to protect myself. I am liable for the repairing his computer, and for how long?

I do not want to give him the amount he is requesting about $1500 for an 1.5 year old computer. I have seen the computer in use and there are dated files on the HD, showing that he is lying about the computer never working. Can this be used as evidence?

[Edited by jshaikh on 04-06-2001 at 03:34 AM]

 

[JETX]

You have zero obligation to him. Based on your post, your only involvement was to assemble the computer, using parts that he had agreed to reimburse you for. The fact that he paid you over and above the cost, does not give him additional rights, or you additional responsibilities. Based on the post, the only warranty statement you made was that his parts warranty was by the manufacturers. And unless you provided any other statements to warrant the labor or materials, he has no case against you.

Tell him to pound sand!!

 

[jshaikh]

outcome

Well. Thought I would post an update. I went to small claims court and based on what the judge heard, I lost the case and have to pay over $1600 for the 1.8 year old computer which they refused to pick up.

I did replace the video card then the ***hole wanted me to replace his case and was complaining about the speed of the computer. I refused to do any more work and told him that if he wanted the new video card that he would have to pick it out and sign a release relieving me of future reposibility of repairing maintaining the computer. OR he could pick it up as it was. He agreed to this and delivered the computer to me.

The amazing thing about the case is that the judge acted completely bored while I was speaking, repeatedly said, "and then...(yawn)..", acted as if he had already made a decision. Then, proceded to award the amount without any receipts, documentation or questions. He basically gave them what they wanted.

Lesson to all. Do not do anyone a favor. Treat everyone and everything as business transaction and assume they will attempt to sue you when done.

Good Luck

 

[JETX]

I am really sorry to hear that you lost the case. Especially, since it sounds like you didn't lose it on merit, but on some other factors.

Of course, you could consider filing an appeal of the ruling. If you consider this, be aware that time is critical, and you should contact the court to see what procedures are needed for appeal.

And it sounds like your case is another example of.. "It isn't called a 'Justice System', because there really isn't any justice in it."