In the middle of a suit, need some assistance.

[crazyjeep]

Here is the story. A long time friend of mine broke up with her controling boyfriend. Her and I started hanging out again. I grew up with the girl since I was ten years old, im twenty three now. During the few weeks, her and I became really close. In that time her exboyfriend shutoff her cellphone, and in return she asked to be an addition to my nextel account. Basically we verbally agreed on a phone. She bought it for 1$ from nextel and told me paying the bill would not be a problem. This wasnt a gift, it was me helped her get a phone as her credit wouldnt allow her to get one on her own contract. The first month and a half went by and nothing was bad until the bill came. She avoided me, and she had good cause. She had racked up a $300+ bill with nextel through my account. She stopped talking to me, but continued to use the phone. I asked her on many occasions to pay me. Finally in early November I looked up small claims to see the process involved in getting the money that is owed to me. I sent her a "demand" letter as it suggested and waited 10 or so days. In that letter I stated the costs owed to me from the bill and the 200$ to cancel the phone. During that time I had a online conversation with her through AIM which she openly admitted to oweing me money, but telling me it was my fault and should have known the risks. The court have tried to serve her (Macomb County Michigan), but she has avoided the court officer. During this time she lived with her father, and as soon as the officer started to come by she moved out. She is currently back with her old boyfriend(feel sorry for him) but they both are giving me the run. The court has asked for alternate service(but I dont know what means). Also, He has called me and tried to talk to me online on several occasions to intimidate me. He has threatened to sue me if I send anything or the court to his parents house(he and her havent changed their address's with the state to avoid the court officer). He has also begun to intimidate me through my current girlfriend by sending her messages saying that more went on between this girl I am suing and myself. I really dont know what to do. I almost forgot, when her and I started hanging out often, he threatened to kill me on three occasions. I am now living on the other side of the state, so my personal safty is no concern. So what do I do? She owes me 600$, and I have the papers in order, but I dont know how to get the papers served to them or to get her boyfriend away from my girlfriend my making her doubt me.

Any help would be MUCH appreciated, thank you guys.

CrazyJeep

Also, I dont know if I can use them in courts, but I have the online conversations saved on disk.

 

[crazyjeep]

Update, this is WEIRD!

So around 8:30 she calls me, for the first time in like 3 months. Basically asking me whats going on. Apparently her mother has lupis and says that she doesnt want to deal with this, or have her mom find out. So, she wants to know how much she owes me, etc. Basically I told her two weeks from today and I wont charge her for the court fees I have already put in. But if I dont get the money by then, I continue the suit. She thought I was suing her for 1000's of dollars, when its only over 500$. Anyways, any suggestion, maybe this is a ploy on her part? Any particular way to get the money from her? Certfied check? certfied mail? money order? etc? Should I worry that this is a stall tactic? thanks

CrazyJeep

 

[mike]

I'm sorry to hear about your problems. My observations are:

(1) Once someone says "I'd do this but my credit isn't good enough" it should make you think before you give them money because someone else says they aren't reliable!

(2) I highly doubt the friend will be able to establish that the phone was a gift.

(3) The boyfriend cannot sue you for trying to serve his girlfriend who lives with him. Empty threat. If he calls you to threaten you, you may want to demand he stop and report him to the police if he doesn't. Keep track of what dates he calls.

(4) If she lives with her parents or has an address on file, it should be possible to "nail and mail" and speak to the officer about the alternate service.

Here is the story. A long time friend of mine broke up with her controling boyfriend. Her and I started hanging out again. I grew up with the girl since I was ten years old, im twenty three now. During the few weeks, her and I became really close. In that time her exboyfriend shutoff her cellphone, and in return she asked to be an addition to my nextel account. Basically we verbally agreed on a phone. She bought it for 1$ from nextel and told me paying the bill would not be a problem. This wasnt a gift, it was me helped her get a phone as her credit wouldnt allow her to get one on her own contract. The first month and a half went by and nothing was bad until the bill came. She avoided me, and she had good cause. She had racked up a $300+ bill with nextel through my account. She stopped talking to me, but continued to use the phone. I asked her on many occasions to pay me. Finally in early November I looked up small claims to see the process involved in getting the money that is owed to me. I sent her a "demand" letter as it suggested and waited 10 or so days. In that letter I stated the costs owed to me from the bill and the 200$ to cancel the phone. During that time I had a online conversation with her through AIM which she openly admitted to oweing me money, but telling me it was my fault and should have known the risks. The court have tried to serve her (Macomb County Michigan), but she has avoided the court officer. During this time she lived with her father, and as soon as the officer started to come by she moved out. She is currently back with her old boyfriend(feel sorry for him) but they both are giving me the run. The court has asked for alternate service(but I dont know what means). Also, He has called me and tried to talk to me online on several occasions to intimidate me. He has threatened to sue me if I send anything or the court to his parents house(he and her havent changed their address's with the state to avoid the court officer). He has also begun to intimidate me through my current girlfriend by sending her messages saying that more went on between this girl I am suing and myself. I really dont know what to do. I almost forgot, when her and I started hanging out often, he threatened to kill me on three occasions. I am now living on the other side of the state, so my personal safty is no concern. So what do I do? She owes me 600$, and I have the papers in order, but I dont know how to get the papers served to them or to get her boyfriend away from my girlfriend my making her doubt me.

Any help would be MUCH appreciated, thank you guys.

CrazyJeep

Also, I dont know if I can use them in courts, but I have the online conversations saved on disk.

 

[mike]

You should continue the suit if you don't hear from her. If she says she'll send it then you have to take her at her word. When is the court date? I wouldn't delay the court date. There is no reason she can't come over and pay you or send it in the mail tomorrow to arrive well in advance of court.

Update, this is WEIRD!

So around 8:30 she calls me, for the first time in like 3 months. Basically asking me whats going on. Apparently her mother has lupis and says that she doesnt want to deal with this, or have her mom find out. So, she wants to know how much she owes me, etc. Basically I told her two weeks from today and I wont charge her for the court fees I have already put in. But if I dont get the money by then, I continue the suit. She thought I was suing her for 1000's of dollars, when its only over 500$. Anyways, any suggestion, maybe this is a ploy on her part? Any particular way to get the money from her? Certfied check? certfied mail? money order? etc? Should I worry that this is a stall tactic? thanks

CrazyJeep

 

[crazyjeep]

Well, I am on the other side of the state, she says he wants to pay me, which I certainly have no problem. I gave her two weeks, but thats the longest I am going to wait without going to alternate service. Her boyfriend has stopped harassing, So I am just looking forward to putting all of this behind me. If I dont get my money, it just goes to court, and there is no court date set. unfortunately.

CrazyJeep