Legal/Common sense question

[samara's on tv]

Okay question for all of you out there, whether you have a legal background or not, I was just wondering.


My friend claims I owe her 80 dollars, which I don't. The MOST I owe her is 40 and even then that's pushing it. I already paid her 25. She says that if she doesn't get the full 80 she's going to sue me.


She doesn't have a lawyer, she said she'll fight this herself. I have a lawyer, and if he can't help me he has hook ups to some of the best lawyers in the area and I would recieve their services for free. BUt that's not the point.


What I'm asking here is common sense wise, is it smart for someone to sue you for 80 dollars? WOuldn't the legal fees and cost of travel immediately make this a bad idea?


I stand firmly that I do not owe her 80 dollars, she claims I have all the money in the world and can easily pay her, which is SO NOT TRUE. I make about100 dollars a week, give or take, it depends on how long I work, and my dad helps me with rent so the rest of that money has to go to food, transportation, etc.


She says if this is taken to court SHE looks like the better person because she has a job and I quote "A life" so the judge would side with her. I on the other hand have a small job. my own place, and a few very good lawyers.


My question is this....is she really that STUPID that she would do this for 80 dollars? She makes WAY more money then I do, so I say let it go. Besides half the stuff that she is claiming she paid for was stuff I NEVER agreed to pay her back on. She says that I did (Which is wrong and I have a better memory then her and her pot smoking girlfriend). Who's right here?


~Monica

[chicajojobe]

I'm sorry, but I had to laugh at that because just one hour of her lawyer's time will cost her more than 80 dollars.

Other than that, this really sounds like a you said/she said situation. Does she have any proof that you owe her 80 dollars? Do you have any proof that you only know her 40?

Edited by: chicajojobe

[sherbear]

Well, my legal knowledge extends as far as The Peoples' Court, but I
have seen people sue for $20.00, sometimes even less. In those cases
the court costs definitely exceed the amount that they're suing for.
Usually they will claim that it's not really a money issue, but more
about principles......They felt wronged/used/cheated and wanted to get
"justice". Maybe this is how she feels. Sorry I couldn't be of too much
help.

[samara's on tv]

No it's okay, I know she would do it on principal but she really doesn't have the kind of cash to be MAKING a statement or a principal. I mean yes she makes more then me but she's not LOADED and seriously she's can't PROVE that I owe her 80 dollars just like I can't prove that I only owe her 40. She says she has witnesses but her best witness is a girl who is a known pot head. Her memory is worse then my mother's, and that's bad. WHen I was out there, the witness in question, asked me the same questions 5 or 6 times. She's less reliable then Brittany Spears's period.


~Monica

[SimplyMe]

I don't have any legal advice or expertise but I will say ... weird. Um I agree that the court cost would be well over $80 so it kinda defeats the purpose. Plus if there was never an agreement, written or otherwise, I don't see how she can say you "owe" her anything. Could it just be an empty threat to get your attention or "scare" you into giving her the money? Whatever happend, good luck, I hope it works out so that you can keep the friendship(if it's worth it) and not fight over soemthing like money.

[samara's on tv]

She is trying to scare me, but I know she'll do it cause she sued her own father and another friend for money. If she IS just all talk I'm calling her bluff and telling her to sue me but there's no way she's ever going to win....I have better lawyers then she'll ever be able to afford....not to mention character witnesses out the PATOOTIE! [img]smileys/smilies_04.gif[/img]


~Monica

[californiagirl]

Well, I am not a lawyer, but I am a Paralegal. Here's what I have to say:


Unfortunately, anyone can sue anybody anytime for any reason. Whether it's smart or not to sue someone for only $80 dollars, well not really, cost-wise, BUT for the mere principle, yeh, if they want to prove a point. In small claims, she will not be able to claim lost wages, punitive damages, or pain & suffering. She can ask for these to be awarded to her, but it will most likely be denied.IF this was a verbal AGREEMENT, it's still a legal contract, but without the proof, it does become a he-said, she-said deal. If SHE takes YOU to court, then the "burden of proof" is on her, and she has to successfully prove her case against you.


>>>>>>>>She says if this is taken to court SHE looks like the better person because she has a job and I quote "A life" so the judge would side with her. I on the other hand have a small job. my own place, and a few very good lawyers.<<<<<<<<<<&l t;


The above statement is ridiculous and petty on her part. The judge doesn't "side" with anyone, and will listen to andrule based onthe facts.


I say, try not to worry about it, and see what happens. If she does have the time to do file suit, then it will be your word against hers, with more work on her end to prove the case. So, this is the girl you wrote about a while back, huh, and she's still dwelling on this??? And..........WHO'S the one with no life?????????Edited by: californiagirl

[samara's on tv]

Yes this is the girl I wrote about before, thank you Californiagirl! I realize now that she's going to have to prove everything. I E-mailed my father, who is a lawyer and asked him what he would do. I just think that this has gone to far....even her girlfriend is throwing insults at me now. I owe her girlfriend NOTHING but she's being a pain in the butt anyway. People are so stupid! I can't wait to talk to my dad tomorrow about this and see what he says. He'll probably side with her but I expect that so it won't be a big surprise.


~Monica

[californiagirl]

I'm always fascinated by lawyers!! What area of law does your dad practice?

[punchbuggy]

Technically there was no mutual agreement that you would pay her back,so if she is going to file a case about this she is going to have to find a much stronger arguement than "she owes me 80 dollars"


About her comment stating the judge will side with her. Judges do not "side" with peoplethey make their judgement based evidentual facts. And to be honest from whatIsee , this will be a waste of both your and your lawyers time to go through with .

[HDogg]

Your word against hers. No proof. She's wasting her time if she goes to court over this. How petty.

[Babydoll]

I havent read through all the comments, but in order to get the money from you she would need a legal contract ( handwritten) with your signature as proof that the transaction (sp?)even took place to begin with... or something in the like.. like a video recording, or something.


she's got no case.. and it sounds like an empty threat to me. My guess is that the judge would side with you and laugh his a$$ off afterwards.


umm... what bothers me the most is that you still call her a "friend". If I were you I would loose all contact with this girl, asap, she sounds like quite the headcase.Edited by: Babydoll

[samara's on tv]

Okay guys here's the deal. (Californiagirl I sent you a PM)


I talked to my dad and he said that she has a very weak case against me. He asks me WHY she thinks I owe her 80 dollars. I admit to him that I owe 40 but no more then that. I mentioned how my friend said that if she has to come sue me she'll add in the cost of lawyer fees and travel expenses, but my dad said, "Fat Chance she'll be reimbursed for that" he thinks it's silly, and he said that a judge would most likely think it's silly. He didn't really take my side on this but he didn't take hers either so I'm sort of happy, he usually plays devil's advocate. Anyway, as it stands now, she doesn't really have a case.


~Monica

[gumdropper1]

Samara, you could be sued in small claims court for $80. The filing fee would be added to her claim. You admit that you owe her something (perhaps $40). If you admitted to that in court, you would lose, even if the judgment entered would be less than $80 (plus filing fee). Don't forget you would have to take time off to go to court at least once.


Are you sure she's your friend? Maybe you should just pay her the $80 and be done with her. You could always offer her less and see if she takes it. Be sure she signs a receipt stating she has no further claim against you.


Doug

[samara's on tv]

I HAVE Offered her 40 dollars, she won't take it. And now she's throwing me some BS about a sweatshirt I borrowed from her. I tell her that I'll send her the shirt when she sends me the book of mine that she has. I need the book more then her fat ass needs another sweatshirt. I need it for classes that I start on monday, when is she going to wear the sweatshirt? Needless to say I'm pretty pissed.


~Monica

[samara's on tv]

For any of you who are still reading, or who care, she just threatend me, and so did her friend. I called the police and tomorrow I file a report. I have to go to the police of the city I am IN because I guess it doesn't count since I'm NOT at my house I'm at my parent's house...I have more then enough proof that she OR her friends plan to "Find me" and "Come Pay me a visit" so as stupid as it may sound, I wouldn't put it past her or her friends, and I have witnessed her HIT her girlfriend so I know she's prone to violent outbursts. I have also witnessed her girlfriend hitting someone else, so I know that her girlfriend is prone to violent out bursts. Even if I have little to no proof...If I'm scared and bothered enough, and make a big stink over this then there will be a report filed and if/when she takes me to court she'll look even worse. Anyone think that this is stupid? Cause I know it is but feel free to tell me...any opinions are cool here I won't get mad.


~Monica

[daffodil]

I think your 'friend' is no friend at all. She sounds like a psycho. If I were you, I'd see if it were possible to file a restraining order against her and possibly her gf, too.

[californiagirl]

I think your 'friend' is no friend at all. She sounds like a psycho. If I were you, I'd see if it were possible to file a restraining order against her and possibly her gf, too.

Definitely!! Harassment is harassment, and especially if you have proof of it, you should get an RO. Then, if she starts talking bad about you to people, you can throw slander in there, and also defamation. Eye for an Eye at this point!![img]smileys/smilies_07.gif[/img]

[Galadriel]

Geez this gal needs a life. After all this is over definately don't have anything more to do with her, she sounds nuts.

[japa]

The problem here is not the money -- that's just a side issue.


The real point is that you need to start to surround yourself with a better caliber of people. I used to hang out with people of questionable character like this, but it's just not worth it.

[samara's on tv]

I don't know how I end up with these psychos! I mean Mare was normal for 5 years and then BAM....Heather was normal for 7 years and then BAM! The one guy who I thought was my best friend tried to rape me on my 21st birthday! What's the point of being friends with ANYONE? I think that this is just revenge cause I refused to sleep with her cause she has a girlfriend! GO figure!


~Monica