Will the court house take the case?

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Old Aug 8th, 2012, 08:25 PM   #1
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Question Will the court house take the case?

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?
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Old Aug 8th, 2012, 10:40 PM   #2
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Default re: Will the court house take the case?

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.

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Old Aug 8th, 2012, 11:05 PM   #3
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Default re: Will the court house take the case?

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?
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Old Aug 8th, 2012, 11:50 PM   #4
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Default re: Will the court house take the case?

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Originally Posted by Unregistered View Post
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?
AFFA is just bloviating as usual.

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.....
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Old Aug 9th, 2012, 10:25 AM   #5
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Default Re: Will the court house take the case?

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.
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