Want to settle out of court.

[erbear65]

I'm in Arizona, my ex roommate is suing me for monies owed and a gift (that she is saying isn't a gift), i've attempted in asking her to settle out of court and she is refusing.
I was making payments to her through a debt agency and missed a few payments (3). I've since started making payments again and have sent one already and getting ready to send another before the pre-trial date.

The only item in question that she has a problem with is the gift, she said it wasn't a gift, that she lent it to me. She then asked for it back after she told me to move out, that I didn't deserve it (the gift).
Is there a way to settle this dispute at the pre-trial? or out of court?

Please help, I just want to end this relationship and be done with her.

 

[I AM ALWAYS LIABLE]

I just want to end this relationship and be done with her.

My response:

This is more of an emotional, testosterone, question than a legal question.

Despite the title each of you wants to put on the item of personal property; i.e., gift or loan of an item, if you truly "want to end this relationship and be done with her" then just capitulate by giving the item back to her - - but, make sure you get a receipt for it, with a full description of what it is you are returning, with serial and model number if applicable.

IAAL

 

[erbear65]

Thank you for your response. The only thing is I've offered to give the item back and continue making payments to her and she's said that is not enough. She's wanting to garnish my wages and have my checks sent to her.

I'm trying to make arrangements with her and everything I've said she's said no to, she keeps stating she wants her money and she doesn't care how she gets it.

I'm at wits end as to what she's asking for, when I ask what it is she want she keeps telling me it's up to the courts now and leaves it at that.

I have all the emails back and forth with me trying to make arrangements and give the gift back, can I use this to show my effort to make a resolution outside of the courts?

 

[I AM ALWAYS LIABLE]

Thank you for your response. The only thing is I've offered to give the item back and continue making payments to her and she's said that is not enough. She's wanting to garnish my wages and have my checks sent to her.

I'm trying to make arrangements with her and everything I've said she's said no to, she keeps stating she wants her money and she doesn't care how she gets it.

I'm at wits end as to what she's asking for, when I ask what it is she want she keeps telling me it's up to the courts now and leaves it at that.

I have all the emails back and forth with me trying to make arrangements and give the gift back, can I use this to show my effort to make a resolution outside of the courts?

My response:

She's entitled to her day in court, and you have a responsibility to defend against the action. You can certainly show your evidence to the judge.

Seriously, you're making this out to be bigger than it really is. This is Small Claims court, not Federal District Court.

If you should lose, wait for the last day to file an appeal, and then appeal the decision. You'll keep her tied up for months. Then, should she win the appeal, make her wait for payment. I really rather doubt she even knows how to collect a judgment anyway.

And, besides, depending on the occassion of your receipt of the gift, the judge may in all liklihood consider it to be a gift. Then, you'd win - - at least that part of it.

Good luck amigo.

IAAL

 

[erbear65]

Thank you again for your response.

Actually I wasn't the one that made a federal case out of it. When se told me sho was going to take me to court my first thought was why? I asked her why she was and she said because she wanted her money. I told her she would get it, but that's not good enough for her.

You are right in one aspect that she doesn't know what to do, but her brother is a lawyer (out of state) and helping her to write all the information and what to do.

If she doesn't settle at pre-trial it's going to end up costing me money for a lawyer where as she has one for free. That's the part i'm not finding fair in the scheme of life but I'm going to have to live with it I guess.