The damaged table.

[liddykitty]

We both live in Illinois-
I damaged a table of my ex-roomates. I payed for it to be repaired but she wants money to replace it. She says the table cost her $275.60.The reciepts I received from the furniture company says she paid $99.97. But the furniture company did say that to replace it would be $199.99 (she received a special deal since she was buying other items as well)Only problem is the table is discontinued, so I can't replace it. Also her pets have caused damage to it as well. I took pictures. What am I liable for? The price she paid? The replacement cost? Or the price she claims she paid for it? And am I responsible for the court cost, even if I have attempted to repair and replace the table (she wouldn't take a replacement because it wouldn't match her set)And if I pay for the table do I get to have the table or does she get the money and the property?
I would really appriciate any advice that can be given. I can't afford any of this but I would like to know what I am responsible for. Thank you... Lydia

 

[I AM ALWAYS LIABLE]

My response:

First of all, the law in every State is that a person who suffers damage to property, that is unrepairable, is ONLY entitled to the reasonable and fair market value of the item ON THE DAY IT WAS DAMAGED. She's not entitled to a replacement, and she's not entitled to what "she paid" for the table.

For example, if she paid $100.00, and the table is 5 years old, she's entitled to the reasonable value of a 5 year old table, in the condition it was in just prior to the accident.

Then, you might ask, "well, what's the reasonable and fair market value of the table ?"

That's not your concern.

That's for her to prove to a judge. Let her sue you and you'll see that everything I'm telling you is 100% accurate.

IAAL

P.S. When you do have to pay her, you get the table because you will have paid for it. She doesn't get her cake and eat it too.

 

[liddykitty]

One more thing..

First, thank you for your advice.
I just wanted to ask about the court costs. Can she sue me for the costs and would I be responsible for them?

 

[I AM ALWAYS LIABLE]

Re: One more thing..

First, thank you for your advice.
I just wanted to ask about the court costs. Can she sue me for the costs and would I be responsible for them?

My response:

If she wins, then yes, she'd be entitled to her filing fees in Small Claims court. Those fees are automatically tacked on to any judgment she wins. However, we're only talking about a few bucks - - remember, we're talking about Small Claims court. The filing fees are usually anywhere from $20.00 to $35.00.

Now, if we were talking about the filing fees in the United States Supreme Court, then you might have some trouble.

Take it easy . . . it's only a table - - not the issue of Abortion (Roe vs. Wade) or School Desegregation (Brown vs. Board of Education).

You're going to be fine.

IAAL