I'm Being Sued.

[wtp]

I'm being sued and if anyone knows something about law I would appreciate their advice.

Let me explain the situation:
During the summer I was fixing my friend's BF's computer. He's a 15 year old kid but I was cool with him. His laptop had a broken screen. I charge $60 for the labor and $100 for the part. I take the computer and fix it within a few days.

I remind him weekly that his laptop is ready and he needs to pay for it. After three weeks I tell him that if he doesn't pay I'm going to sell it on eBay. A week passes and I tell him that it's sold. I didn't actually sell it I only told him that. His family flips out and calls the police, his mom threatens me ect. I don't talk to her or the police. I tell them not to call me back and hang up on them.

About two weeks later. Police knock on my door. Being a decent person I told the police I will still give them back the laptop once they pay the $160 that they owe me. I get a call from the police and say that they will pay on Wednesday. Two Wednesday's later I sell the laptop on craigslist for $400.

Another week later the police come to my house and ask for the laptop. I told them that I sold it. They ask for my identification and told me I would probably be sued. A couple week later I got papers to appear for court.


Does anyone have any advice so I can win this court case?

Update: The court date is postponed for December 1st. The judge said I should get a lawyer.

 

[rickjames928]

i hate to say it but you have very little proof, all you have is an oral contract between you and the laptop owner. if someone was there when the agreement was reached then you may have some form of argument but as it stands now you don't have one. Good luck is all i have to say.

 

[wtp]

i hate to say it but you have very little proof, all you have is an oral contract between you and the laptop owner. if someone was there when the agreement was reached then you may have some form of argument but as it stands now you don't have one. Good luck is all i have to say.

I don't need proof they need it. I'm just defending myself.

 

[rickjames928]

I don't need proof they need it. I'm just defending myself.

well you might want to bring up that you continually warned them about the consequences of not paying. though you should have given them a written warning you might be able to argue that you gave them enough warning

 

[wtp]

well you might want to bring up that you continually warned them about the consequences of not paying. though you should have given them a written warning you might be able to argue that you gave them enough warning

Yeah true. What I really should have done was written up something saying they need to pay within 14 days or the forfeit the laptop.

What I was thinking I should do was not talk at all during the court case. There's nothing in writing so the only evidence they have is what they say, and witnesses aren't enough.

 

[KerokeroCola]

If you have any emails involving the transaction, then use them to prove that you told the idiot 15 y/o that he needed to pick up his laptop, or that you were selling it if he didn't take it from you. Somehow find proof of the agreement for $160 for the screen fix. THIS would win you the case instantly: (If you have it) "Hey bro, your laptop is done. Come pick it up." Would be very helpful. Something like, "Hey bro, Errrr.... where are you? I still have your laptop and you still owe me $160. If you don't pick it up by Wednesday, I'll have to sell it, because I have already spent $100 and $60 of my time on it without any payment whatsoever."

Police take records of nearly everything. If you can, access the police records to see if they have any of that information recorded from you or from the family. One of you may have mentioned the $160 agreement and/or the policy of selling it after X time. If so, the police wrote it down, and you may be able to use it.



Other than that, good luck. Nothing other than paperwork really passes in court. Hopefully, the family hasn't been able to forge something or misquote you somehow to "prove" that they had no obligation to pick up the laptop. If both of you have only "oral agreements" as proof, then chances are the case will be dismissed.

 

[goku usa]

Don't worry this is straight forward case. You will not lose anything on your behalf. At most, the judge will let you keep your share (160 it was?) and give rest back to them. Make sure to take a proof of how much you sold it for on craiglist.

 

[wtp]

If you have any emails involving the transaction, then use them to prove that you told the idiot 15 y/o that he needed to pick up his laptop, or that you were selling it if he didn't take it from you. Somehow find proof of the agreement for $160 for the screen fix. THIS would win you the case instantly: (If you have it) "Hey bro, your laptop is done. Come pick it up." Would be very helpful. Something like, "Hey bro, Errrr.... where are you? I still have your laptop and you still owe me $160. If you don't pick it up by Wednesday, I'll have to sell it, because I have already spent $100 and $60 of my time on it without any payment whatsoever."

Police take records of nearly everything. If you can, access the police records to see if they have any of that information recorded from you or from the family. One of you may have mentioned the $160 agreement and/or the policy of selling it after X time. If so, the police wrote it down, and you may be able to use it.



Other than that, good luck. Nothing other than paperwork really passes in court. Hopefully, the family hasn't been able to forge something or misquote you somehow to "prove" that they had no obligation to pick up the laptop. If both of you have only "oral agreements" as proof, then chances are the case will be dismissed.

There's really absolutely nothing in writing. If I had their signature saying they have to pay within 14 days I would have nothing to worry about. But if we had something in writing saying I worked on the laptop, and it doesn't have a time limit on the payment I would think that would work against me.

If I admit that I sold their laptop. I would think I'm at guilt because they're was no time restriction.

Thanks for the advice.

 

[goku usa]

There's really absolutely nothing in writing. If I had their signature saying they have to pay within 14 days I would have nothing to worry about. But if we had something in writing saying I worked on the laptop, and it doesn't have a time limit on the payment I would think that would work against me.

If I admit that I sold their laptop. I would think I'm at guilt because they're was no time restriction.

Thanks for the advice.

No you're really worrying unnecessarily. Trust me, I'm second year law student. You are entitled for the work you did. You will get the 160 but most likely will have to give the rest back. Like I said, make sure you print out how much you sold it for.

 

[wtp]

No you're really worrying unnecessarily. Trust me, I'm second year law student. You are entitled for the work you did. You will get the 160 but most likely will have to give the rest back. Like I said, make sure you print out how much you sold it for.

Hmm alright. I don't have the craigslist information but I'm getting the prices from the same laptop sold on eBay.

Do you think there's anything worth trying that would get me out of it completely?

Thanks

 

[SexayMistahBee]

I get a call from the police and say that they will pay on Wednesday.

There you go!
Your witness.

 

[cheater2010]

guessing ur american or sumtin dam u people get sued for nothing lol

 

Can you not use your friend as a witness?

And as the guy above says, the police contacted you saying they will pay on Wednesday.

I am no good with law, but I see as his fault, not yours.

 

[neo coolboy]

If you can get a third person to vouch for you then your probabluy good, verbal contracts are legally binding in most US states and countries around the world.

 

[.Logan.]

You should be okay; they refused to pay you your due amount which in turn is in breach of the law and, in itself illegal. The only minor difficulty I can see is the evidential site of things, but then again the police were somewhat the neutral side of things in the dispute and were in contact with both sides. They also called you and know that they said that they would pay on the mentioned date, but failed to which is as strong a witness as you could possibly ask for.

Please tell me how it goes. I'm curious.

 

[Voda]

If its Small Claims Cought its not liek you think, Pretty much like Going to the doctor, they sit you down to talk about it, And I would say you will have to pay The diferance, Orginal Lap Price "-" the $160 to fix it and "-" $65 Every Year. Thats How it works Here in Aus.

 

[Shin]

Here is a thread made by Sythe that is somewhat linked to your situation.
http://www.sythe.org/showthread.php?t=940339

You and the owner of the computer entered into a social contract. There was an agreement made by both parties but it wasn't necessarily written down. As the police know you sold the laptop, your best bet would be to have them contact the person you sold it to, and have them retrieve it for the $400 you received from them, as it was not your property. In a sense, you did have ownership of it as they had not paid you $160, but that did not mean you had the right to sell it, as they had not signed anything or agreed that you would be able to do so had they not paid the bill.

From here, that's all I can see you doing. In court, you will most likely have to reimburse the party for the cost of the laptop (by its retail value today), but the $160 they owed will be deducted from that and taken into cosideration as well. (Don't forget the police are your witness, as they verbally verified the payment of $160 by said Wednesday.) If you would like to fully win this, you would have to get a lawyer and make an attempt to counter-sue, which would be interesting regarding your situation.

I wish you the best of luck. Hopefully you won't lose much from this, but if there's one thing I can say, don't be greedy.

 

[Mr Smith]

Well, it's highly possible you can win this, you could try and get in contact with the person you sold the laptop to write a letter to the court, saying etc.
But that's the best i can help, I'm not really that good at court cases but you don't have a lot of evidence, just try and get a good lawyer and maybe they can help you get through this.

 

[Bubba Fuzz]

You consented with them before hand and gave them a set date far enough away for them to get the money and they didn't give it to you by then. You also pushed the date farther back and they still did not pay. They can't charge you for that. You should be fine.

 

[Niini]

Did you keep all $400 or give them back the $240 which technically didn't belomg to you?