A few questions about small claims(probably many more to follow)

[jolynn6226]

A little background:
Quite a few years ago, my sister asked if she could put some layaways on my credit card (For her kids. I bend over backwards for those kids and she knows it and I think she purposely used it to her advantage). I said sure as long as you pay me back. I met her at the store and we did this. To make this as short as possible, thru a sequence of events she ended up keeping the card. The agreement was that as long as she made the payments she could put whatever on it as long as it was used for the kids and the kids alone.
So that's how it went for a couple years. She used it and like clock work every month she came and got the bill and made the payments.

Then she dumped the kid's Dad for some other guy. My husband told me I should get the card back (neither one of us thought much of this guy) but I trusted her and didn't think she would mess things up especially if it was a back up for the kids. Things went real bad real quick.She started drinking, all the time, spending more and more time with Prince Charming and less and less with the kids so I had to get the card back before it was too late. I gave her a pathetic story as to why I needed the card back (I didn't want to make her mad or I wouldn't have gotten any money from her) and shut off the account. Too late. When the next bill came she had it maxed and $50.00 over and then sent the last payment in late. I called her and nicely reminded her about our agreement and gave her what for about using the card for him. She said she didn't use it for him and she also didn't send in a late payment.. With the #'s on the back of the card, I was able to get the last 3 months charges off the net. There were quite a few charges that had nothing to do with the kids such as tatoo parlors and liquor stores, stuff like that. I told her to bring the payments to me so I could make sure they got in on time.
So since March of 2003, every month I basically have to call her and kiss her butt to get my payments but up until last month I have gotten them.
In June she sent me, June's check late, and a post dated check for July. At the end of June, her and my brother had a blow out at a family get together. She wanted the family to take her side against my brother, but no one would because she was in the wrong. She is no longer talking to anyone in the family and this is why I'm getting no more money.
I left a message on her anawering machine about Aug. payment, heard nothing for 2 weeks, called back, she answered and hung up as soon as I told her the payment was due. I called again last week to tell her Sept's is due and remind her about Aug. As soon as my neice told her I was on the phone, she says tell her I cleaning my room. I had my neice relay the message to her while I was still on the phone. My sister's response was a smart sounding OK in the background


I have gone thru the small claims forum and can't seem to find what I'm looking for

First off, is there a website where I can find out exactly how to go about filing a small claims case in Pa?
If I send a demand letter with certified return receipts and she doesn't pick it up, is that considered an admission of guilt and what is my next move if she doesn't pick it up?
and if she does pick it up by some miracle,
Can I demand the balance within 30 days or how does that work?
Is it a breach of contract since she used the card in the liquor store (this clearly was not to benefit the kids)?
How many payments does she have to default on before I can file a suit against her?
I have copied every check she has given me. Some were made out directly to the credit card company but they merged with someone and changed their name. After that she started making them out to me. Also, I have transferred to other cards, in order to get no interest or lower interest for certain amounts of time. Will this hurt me in the end?


Sorry it's so long

 

[Michael Wechsler]

A little background:
Quite a few years ago, my sister asked if she could put some layaways on my credit card (For her kids. I bend over backwards for those kids and she knows it and I think she purposely used it to her advantage). I said sure as long as you pay me back. I met her at the store and we did this. To make this as short as possible, thru a sequence of events she ended up keeping the card. The agreement was that as long as she made the payments she could put whatever on it as long as it was used for the kids and the kids alone.
So that's how it went for a couple years. She used it and like clock work every month she came and got the bill and made the payments.

Then she dumped the kid's Dad for some other guy. My husband told me I should get the card back (neither one of us thought much of this guy) but I trusted her and didn't think she would mess things up especially if it was a back up for the kids. Things went real bad real quick.She started drinking, all the time, spending more and more time with Prince Charming and less and less with the kids so I had to get the card back before it was too late. I gave her a pathetic story as to why I needed the card back (I didn't want to make her mad or I wouldn't have gotten any money from her) and shut off the account. Too late. When the next bill came she had it maxed and $50.00 over and then sent the last payment in late. I called her and nicely reminded her about our agreement and gave her what for about using the card for him. She said she didn't use it for him and she also didn't send in a late payment.. With the #'s on the back of the card, I was able to get the last 3 months charges off the net. There were quite a few charges that had nothing to do with the kids such as tatoo parlors and liquor stores, stuff like that. I told her to bring the payments to me so I could make sure they got in on time.
So since March of 2003, every month I basically have to call her and kiss her butt to get my payments but up until last month I have gotten them.
In June she sent me, June's check late, and a post dated check for July. At the end of June, her and my brother had a blow out at a family get together. She wanted the family to take her side against my brother, but no one would because she was in the wrong. She is no longer talking to anyone in the family and this is why I'm getting no more money.
I left a message on her anawering machine about Aug. payment, heard nothing for 2 weeks, called back, she answered and hung up as soon as I told her the payment was due. I called again last week to tell her Sept's is due and remind her about Aug. As soon as my neice told her I was on the phone, she says tell her I cleaning my room. I had my neice relay the message to her while I was still on the phone. My sister's response was a smart sounding OK in the background


I have gone thru the small claims forum and can't seem to find what I'm looking for

First off, is there a website where I can find out exactly how to go about filing a small claims case in Pa?
If I send a demand letter with certified return receipts and she doesn't pick it up, is that considered an admission of guilt and what is my next move if she doesn't pick it up?
and if she does pick it up by some miracle,
Can I demand the balance within 30 days or how does that work?
Is it a breach of contract since she used the card in the liquor store (this clearly was not to benefit the kids)?
How many payments does she have to default on before I can file a suit against her?
I have copied every check she has given me. Some were made out directly to the credit card company but they merged with someone and changed their name. After that she started making them out to me. Also, I have transferred to other cards, in order to get no interest or lower interest for certain amounts of time. Will this hurt me in the end?


Sorry it's so long

I'm sorry you're in this mess! I hope we can help a little:

(1) Small claims court is governed by the local court and laws vary per jurisdiction. You will likely need to sue in the county within which your sister lives.
(2) Send a demand letter, certified return receipt. You should arrive in court with proof of demand for payment. No reason why you shouldn't demand the money within any reasonable period of time, even if it is 10 days. You've made prior requests before and you may want to reference them within your letter.
(3) She is require to pay you back the money per your agreement. There is no reason to believe that you were responsible to pay late fees or anything else of that nature.
(4) Basically much of this case comes down to your word against hers and I would think there is a great deal of evidence to support your agreement based upon the prior bills. You can (and probably should) cancel the card she uses. Otherwise you are asking for trouble and your story becomes less credible. But that is really irrelevant -- the question is when did you expect payments to be made on the card, regardless of what they were for? It seems monthly. Once she breached the agreement, as seems to have been honored every month past, you have a cause of action.

In realizing that you are dealing with a person that you have a relationship with and would prefer it not to be acrimonious, you should tailor your letter accordingly to be somewhat friendly but also firm -- not a sham warning. Hopefully you will get the money and never have to go to court, although I can't say this relationship will not require some repairing -- by your sister.

Best of luck and let us know how things turn out.