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08-01-2007, 01:54 PM
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I am being sued...
My ex-girlfriend and I lived together in her house for about 6 months. We had a verbal agreement that I would pay her $600/month to live there. Well, I was having trouble keeping work and fell behind in the "rent" and she asked me to move out in February and I did.
After I moved out, we agreed (in an email that I cant produce but she apparently has) that I owed her about $2500. I have paid her $700, and had told her that the rest, ($1800) would be paid in full by the end of August. She is now suing me in small claims court for $2400. She figures I owe her for time, interest, penalties and such.
She also has about $700 in sports memorabilia of mine that she is holding and won't return until the court settles it. I told her she can't do that. She doesn't care.
I offered her $1500 to settle ($300 penalty for getting nasty) and she won't take it.
How do I stand and what options do I have? Thanks in advance!
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08-01-2007, 02:12 PM
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Senior Member
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Join Date: Jul 2007
Posts: 1,886
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She has a good case for the $1,800, since that's what was mutually agreed to and that she may have email evidence for. Doubtful most judges would allow her to arbitrarily add to that amount because of her annoyance. (Generally, such things COULD be allowable, but only if agreed upon ahead of time - in something like a lease - which you never agreed to). Similarly, you don't get to deduct $300 because you're annoyed that she's attempting to collect or doesn't want to settle for less than she's due. More than likely, you'll be ordered to pay the $1,800 and she'll be ordered to return your property (the court will usually say that she must produce your stuff within 5 or 10 days). When picking up your stuff, you might ask police to do a standby with you to head off any possible drama - just call them when you're on the way and wait until they arrive before attempting to collect.
http://www.aardvarc.org
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08-03-2007, 08:15 AM
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Follow-Up?
Thanks for the response. I was curious, does she really have the right to keep my stuff until I pay her? I was under the impression that she can't do that.
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08-03-2007, 04:51 PM
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Senior Member
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Join Date: Jul 2007
Posts: 1,886
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Right now, she has your stuff in place of the money you owe her. A court would likely rule that you must BOTH pay or return what you should. Be glad she still HAS your stuff - lots of people would have simply taken it to the curb (which you could then sue for).
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07-27-2009, 10:03 PM
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How did this turn out? Did you get your stuff bacK?
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09-14-2009, 02:09 PM
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Junior Member
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Join Date: Sep 2008
Posts: 12
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Not about the
It blows my mind how immature people are. It seems clear that this is not about the money, or else she would have taken what your money for the rental agreement?
Seems like it's more about emotion, revenge, and pettiness. What a world we live in.
Best of luck with your stuff, and next time be careful of mixing business with pleasure when it comes to rental agreement forms and other legal matters, some people think they can take revenge by hurting you financially because you hurt their feelings. Bunch of puerile garbage.
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