Problem with neighbor/past friend

[SOWORRIED]

Last year I purchased a new table. As I was moving the old table out of my house to make room for the new table a friend/neighbor asked could she purchase the old table. I said sure, at that point she said she would have to make payments over time. As I understood that they had just bought a new house I said , no problem. BIG problem.I should have gotten it in writing. Oral agreement only.
A year went by and no money. I approached this friend several times regarding the money owed or return of the table. She would tell me next month, next week, etc....
Now, several weeks ago she paid me $60 to be put toward the cost of the table. ($600) Two days later she called and asked that I return the money because she needed it. I again asked that maybe it would be best if she just return the table , I would return the $60 and call it a day. "Oh no she said", I still want the table. I did not return the money. Now, 1 month later, and several arguments past no money, no table. Not only that when I inquired about a bracelet that I had left at her home, asking that she return it she stated that she could not find it? My question, asided from the fact that I have proven myself to be TOO good a friend and have landed in the sap catagory, can I sue for the return or payment of the table? Can I sue for the return of the bracelet? Should I start by sending a certified letter requesting the money or the table along with the return of the bracelet giving her 10 days before I file a claim? Silly situation, but worrisome to me because I feel used and have a great deal of sentimental value to the bracelet.i.e. gift from father . Please help me get started on a solution to a rather ridiculous problem. Thank you. State: Alabama

 

[JETX]

Q1) "can I sue for the return or payment of the table?"
A1) Yes, you can sue, but you need to ask yourself is it really worth the money and hassle. After all, this is a neighbor that you will have to put up with for the next (?) years.
However, if you do decide to sue, what will you do if she denies ANY money owed or even that she got the table from you. You will need to get as much information as you can to support your claim that she owes you money. Can you do that?

Q2) "Can I sue for the return of the bracelet?"
A2) Probably not. Unless you have some PROOF that she has the necklace, and you post only 'implies' that you left it there. Chalk it up as lost unless you come up with some proof.

Q3) "Should I start by sending a certified letter requesting the money or the table along with the return of the bracelet giving her 10 days before I file a claim?"
A3) Absolutely, but do NOT include the bracelet since you don't KNOW that she has it. Include the details of the money loan (for the table) with dates and amounts. Include her payment of the $60 (no benefit in detailing the requested return, etc.). TACTFULLY request that she contact you within a reasonable time (7 days from receipt??) to arrange making payments and that "You would rather not be forced to take legal action, but will if necessary to recover your property or payment".

As for the bracelet, you can certainly tell her that you REALLY believe you left it at her house ("Last place I remember having it", etc.) and tell her that you would REALLY appreciate her doing an extensive look for it. Other than that, unless you have sufficient evidence to suggest otherwise, you should consider it lost.

 

[I AM ALWAYS LIABLE]

My response:

You said:

"Can I sue for the return or payment of the table? Can I sue for the return of the bracelet?"

MY RESPONSE:

Yes, and yes. Your only problem is that your proof for either item is either lacking or nonexistent. But, you've got nothing to lose by trying.


"Should I start by sending a certified letter requesting the money or the table along with the return of the bracelet giving her 10 days before I file a claim?"

MY RESPONSE: You answered your own question by asking your question.

Good luck.

IAAL

[Edited by I AM ALWAYS LIABLE on 05-22-2001 at 12:06 AM]

 

[Always searching]

Valuable lesson

Sap? Well I guess we are all saps at one time or another. I learned a valuable saying that has helped me. Never lend something or have an oral agreement with someone that you can't afford to give away. If you can't afford to give it away, don't do it. It has saved me many hours of grief. I hope you can incorporate it into your life and help yours.