This lady has borrowed money and not paid us back in the past so we just stopped loaning her money!
anyways we had extra tile left over from building our house and we were going to sell it to this lady for a VERY good price. She lives 30mins from me so i told her to call me when she gets close so i could run home and help her with the tile. Well she comes over and doesnt call and just comes in and takes it herself now these tiles are HEAVY!! so she didnt call for help because she didnt want me there when she took them. So after she is home she calls and says she will run me a check later Well a week goes by and no check. So we call and call no answer She finally calls us and says that she has ran into money problems(she always says this and then goes and buy her kids north face jackets and snowboards they will never use, just blows it) and says she will pay us for what she has already used but will return those she didnt use. 3months no tile no money and cant get ahold of her
2006-09-21 06:25:55 · 26 answers · asked by pingme03 2 in Politics & Government ➔ Law & Ethics
stealing and time for small claims court.
2006-09-21 06:29:06 · answer #1 · answered by jimvalentinojr 6 · 2⤊ 0⤋
How did she get in to take the tile? I don't understand that.
Technically, if she took the tile without paying for them, after agreeing to do so, it is stealing. Did you have a written agreement of any kind? Recorded phone conversation? Anything to show that she agreed to pay for them?
When you loaned her money in the past, was there ever a written agreement?
I'm trying to tell you that if you know someone has a bad record with repayment, then you must have a contract of some kind, or insist on cash upfront when selling her something.
I do believe that you could take her to civil court and get your payments for the tile and the loans there. As far as a police report, it might be wise to ask your local police, they can tell you if she broke the law too. Good luck to you.
2006-09-21 06:42:31 · answer #2 · answered by mightymite1957 7 · 0⤊ 0⤋
First of all it's your word against hers unless you have proof that you bought the tiles, because she could deny anything you said about her paying you, try to get dates, times, names,witnesses, pictures or any type of info that can make your case stronger, because she probably will do the same, you cannot prove she's not gonna pay you or return the tile, since you cant get a hold of her she might be going thru some personal stuff that she could bring out in court, but you do file a police report, like others say, this is a civil case, good luck.
2006-09-21 06:40:34 · answer #3 · answered by Mr B 2 · 0⤊ 0⤋
Yeah you should take her to court for them titles and the money that she has not paid you...in small claim court. The major problem is proving that she said she would pay you back or give back the tiles. From what you wrote she will probably lie and say that the loans were gifts, and so were the tiles, but SUE Her ANYWAY, just to prove a point that enough is enough!!!
2006-09-21 06:41:37 · answer #4 · answered by danicolegirl 5 · 0⤊ 0⤋
If she entered your premises without your consent you can have her arrested! By waiting three months might give the illussion that you were ok with her actions. I'm not an attorney so I can't say for sure! However, I would certainly think a small claims action would be in order but then again, it's only a piece of paper! Stand inline with all the others that probably have liens against her! She owns nothing- you get nothing! Sounds like a deatbeat and you might be spending good after bad if you know what I mean! Might be better to move on in life, use it as a good lesson, and end any friendship you might have with this woman! Make it very clear in writing, registered return receipt letter that she is no longer welcome in your home, on your property, or as a friend. Any violation of this will result in criminal and/or legal action! PERIOD! With friends like her who needs enemies?
2006-09-24 04:05:52 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Before trying to deal with any court or lawyer, consider the amount of time you will have to deal with this person versus the cost of the tile she took. If it is going to cost more to sue her (time away from work, hiring lawyer, filing with court) then you may be better off not doing so.
BUT, the one thing I would suggest is sending her a formal letter stating that her actions towards you were very dishonest and that in the future, you would refrain from her having any contact with you, not only for the theft of the tiles but for non-payment of the previous loans. Another thing to state in the letter is your decision whether you are going to sue her for the tiles. This may get her to finally take some action towards the payment.
2006-09-21 06:44:24 · answer #6 · answered by una_jet 2 · 0⤊ 0⤋
Yes, this is stealing. You may want to report her to the local police. If you have some of the tiles left that match what she took, and you have your receipt for them the police should be able to go to her home and request that she either return your property or pay you for it...I would tack on some interest. You can definitely take her to small claims court without the cost of an attorney if you can prove that she actually did take the tiles without permission.
2006-09-21 06:33:18 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Take her to court if you feel it is worth the price. You may also post a No trespassing sign in your yard. Yes, this is illegal for anyone to remove an item from your home without permission. I would report this action to the police who may or may not be able to do anything about it. She found a free hand out and took advantage of you. Sorry, mate. You have a good heart, though.
2006-09-21 07:08:03 · answer #8 · answered by makeitright 6 · 0⤊ 0⤋
Depending on where you live...........
you should file a complaint with the local sheriff's office. They HAVE to follow up on it!!!!
If they find them in her house, you know, she CAN get arrested!
If they are worth over $1000 it would be a felony!
I am not saying "get her in trouble with the law", but! she should not have done this to you.
Down here where I live, the cops take that kind of thing seriously.
Dont bother getting a lawyer, just file a police report.
They will either arrest her or MAKE her give the $ back and she will be embarrassed when they make her go to the local courthouse!
Good luck
2006-09-21 06:38:40 · answer #9 · answered by Deb 3 · 0⤊ 0⤋
Ya might as well add it all up and take her to court. Then realize how stupid you are for trying to sell her something after she's stiffed you the past few times... personally I think you deserve it but the law is going to be on yourside.
And by the way... you do NOT need a lawyer for small claims court.
2006-09-21 06:38:07 · answer #10 · answered by MadMaxx 5 · 0⤊ 0⤋
This sounds like a job for .... Superman! Um, I mean, SMALL CLAIMS COURT!
The cool thing is that just filing with small claims is usually enough to make people cough up the money.
2006-09-21 06:55:59 · answer #11 · answered by MornGloryHM 4 · 0⤊ 0⤋