Will the court house take the case?
This is a discussion on Will the court house take the case? within the Civil Litigation forum, part of the ATTORNEYS, COURTS, LITIGATION category; What should I do? Hi, I used to live in MN, and lived for 5 months at a then friends ...
POST NEW QUESTION |
|
|
Thread Tools | Search this Thread | Rate Thread | Display Modes |
|
|
#1 |
|
Junior Member
Country:
Join Date: Aug 2012
Posts: 1
|
What should I do?
Hi, I used to live in MN, and lived for 5 months at a then friends house, but I paid rent and everything, no contract or things like that. She gave me some furniture when I moved to my own place, and later on asked for 400 dollars for the furniture since she changed her mind, and she did not want the furniture back then. I confronted her about how she had gave me the furniture and it was ridiculous that she wanted me to pay for something she has said before she was giving it to me, tried to give it back and she wouldnt want the furniture back. I had to move out of the state, and i donated the furniture, and now she is threatening me via phone (because that is the only information she had got of me, and email address but I just changed my phone number because she has been calling me names, and how she wants to screw me over). To bring me to court, and "screw" me with immigration. She said that people in court told her that she can get a lot of more money from me after she files against me, and that she has 2 witnesses that can say how she helped me in the past, which is true but also is true that she gave me furniture and then after she wanted me to pay her. She has no proof really, she cant claim that I robbed because I didnt, she was even at the house when I was moving things out, and she saw it. We exchanged some emails a while ago, me confronting her about how she had given me, and then shes saying that i had to pay her, and one of the email,she threatens to go to immigration and tell them that i got divorced after one year after my wedding. She has been calling one of my good friends, harassing her telling that im going to get what i deserve, that she wont leave me alone. she is in Minnesota i am in California What should I be worried about, and not be worried in this case? My only information that she knows is sufficient to sue me? Will the court house take the case? |
|
|
|
|
|
#2 |
|
Top Level Member
Join Date: Dec 2009
Posts: 12,915
|
I wish to inform you that if your whereabouts are not known then also other party can file a lawsuit and do substituted service. Further you can show that furniture was given as a gift so you are not liable. You may present evidence of any person known to you in your support that furniture was gifted. Further if other party has made wrong statements against you then a lawsuit can be filed by you for defamation.
AFF |
|
|
|
|
|
#3 |
|
Guest
Posts: n/a
|
Even if she does not have any idea of the current address, or state and phone number she still can file a substituted service?
And what do i need to provide if i want to file the defamation on court? |
|
|
|
#4 | |
|
Veteran Member
Country:
Join Date: Mar 2012
Location: California
Posts: 158
|
Quote:
Substituted service can be used in Minnesota, however, it is used typically when the suing party knows that a person lives at a certain abode and the process server is the allowed to leave the summons and complaint at the address without actually handing it to the defendant. When plaintiffs use substituted service of process, they should be sure that the place of service is in fact the defendant's usual place of abode, and they should be convinced that there is a nexus between the person with whom the summons and complaint is left and the defendant. This would be impossible considering you live in California. That being said, you could be served in California if the plaintiff could find you and effect service. The reality is that the dollar value at issue here does not warrant a lot of effort. As for defamation, forget what AFFA said, defamation is very hard to prove and you must show damages to prevail. As for "people in court" I doubt the veracity of that claim as court staff rarely comment on the legal rights of parties filing suits. It sounds like this person is a drama queen and you need to stay away from her. Don't worry, be happy..... |
|
|
|
|
|
|
#5 |
|
Top Level Member
Country:
Join Date: Apr 2011
Location: Florida
Posts: 7,157
|
The chances of her suing you for $400 worth of furniture, from Minnesota or any other state are slim to nill. Court filing and service of process fees will be probably at least half that. Unless you are a business registered with the Secretary of State, or have otherwise authorized someone to accept service for you, she cannot 'substitute serve' you.
It's too bad she's not in California for you could have her served with an injunction under their Civil Harrassment statute which provides that one may obtain an injunction for "any course of conduct" you find annoying. Save any emails you got from her that indicate the furniture was a gift and/or you offered it back to her. And be sure no one the two of you mutually know has your address or phone number. |
|
|
|
![]() |
| Bookmark & Share |
This thread has 4 replies and has been viewed 298 times
| Thread Tools | Search this Thread |
| Display Modes | Rate This Thread |
|
|
|
||||
| Thread | Thread Starter | Forum | Replies | Last Post |
| Court sold the house whats next? | Unregistered | Buying & Selling Property | 1 | Mar 11th, 2011 02:02 PM |
| separation agreement has not been filed at the court house | zappa2000 | Child Custody & Support | 4 | Dec 30th, 2010 07:30 PM |
| How long can take for the court to sell a house? | Unregistered | Buying & Selling Property | 0 | May 15th, 2010 06:56 PM |
| Court delay in selling house | Unregistered | Buying & Selling Property | 1 | Mar 5th, 2010 08:52 PM |
| How can I get emancipation forms without going to the court house? | jacobsgurl17 | Other Family Law Matters | 2 | Feb 23rd, 2009 12:54 PM |
All times are GMT -5. The time now is 04:38 AM.










Linear Mode

