Somebody is planning on suing me for $4

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cola

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Somebody is planning on suing me for $4
I tried to negotiate and told him I will pay him now. I will even pay him x2
He said he would not take my payment and he is planning on suing me.
And he would even report me to the police for FRAUD

How to stop this person for suing me $4?
He would not accept my payment
He thinks he will get more if he sues me, he will he actually?
He is wasting court's time
Can I counter sue him?

Thanks in advance
 
If you think you owe him the money, let him sue you. When he does, answer his suit saying that you owe him $4 and submit the $4 to the court with your answer to be held in the court registry. When the judge sees that, he will award him the $4 in the registry and throw all the costs of the lawsuit on HIM About $80. Stupid idiot.

Good luck. If you don't understand ask more questions I'll help you.
 
How do I ask the judge to be compensated for court fees?
Do I write that on my response?
Do I need to counter claim?
 
You do not countersue him. You have no monetary damages. Therefore, you would have no court fees. Instead, you answer any notice that you receive regarding a hearing and show up for the court date.

Judges hate frivolous lawsuits.

Gail
 
Of course he will not sue for $4 (the actual money I owe him)
He will add $1000 more for damage or something similar to make it look like he has a case.

It was a miss payment, he never tried to collect the money, I found out yesterday
that I do owe him $4 so I contacted him via email to ask for his paypal so I can pay him but he refused to take my payment and he said he will consider suing me.

He even sent me an email saying I can be sued for upto 1 million dollar.

I wish judges or the court system punishes this kind of frivolous claims =(

Its a stress and waste of my time.

When is the right time to ask the court for dismissal?

Thanks guys
 
You aren't going to get any money out of it. But he/she is going to get hammered by the Judge. Just follow directions:

1. Answer the claim by stating that you are liable for the $4 and that you offered to pay out of court.
2. At the end of your Answer ask the judge to throw all the costs of the suit on the Plaintiff.
3. Tender $4 to the clerk WITH the Answer.
4. In the hearing tell the Judge that you owe the money, that you have tried to pay him, and that he said he could get MORE money if he took you to Court.

Sit back and watch. The Judge will take him apart for bringing a $4 suit.
 
Jharis you are the best. thank you for your support

I just dont understand #3

3. Tender $4 to the clerk WITH the Answer

Can you try to explain that in plain english? sorry I dont understand
 
Give the Court Clerk the $4 that you say you owe the Plaintiff. Tender=pay when you turn in your answer. They are going to look at you funny because it is so little, but tell them. I owe the guy $4 and he won't take it because he wants to sue me.

I fyou pay it like this you will not be charged the court costs.
 
1. If you admit to owing $4 then pay up. Don't wait for court because then the plaintiff had a right to see, even for forty cents and it's not frivolous even thought it is a small amount and something of a nuisance pratically but not under law.

2. The clerk won't take additional money with your answer.

3. If the plaintiff tries to make stuff up, so be it. Your defense is not "it's frivolous... see I tried to pay him the $4." Its up to the plaintiff to establish his or her case. They can make all sorts of stuff up but, unless the judge sees by a preponderance of the evidence that you owe these amounts, an award is simply not going to happen.
 
thelawprofessor said:
1. If you admit to owing $4 then pay up. Don't wait for court because then the plaintiff had a right to see, even for forty cents and it's not frivolous even thought it is a small amount and something of a nuisance pratically but not under law.

2. The clerk won't take additional money with your answer.

3. If the plaintiff tries to make stuff up, so be it. Your defense is not "it's frivolous... see I tried to pay him the $4." Its up to the plaintiff to establish his or her case. They can make all sorts of stuff up but, unless the judge sees by a preponderance of the evidence that you owe these amounts, an award is simply not going to happen.
Click to expand...

1. I do owe him $4 but he doesn't want to take the payment he said he will consider on suing me. How can I pay him if he doesn't want to the payment and he wants to use the court?

2. Okay so I will just file my answer
3. Don't you think his $4 case will be thrown out by the court?
I tried to settle it with him but he still wants to use the court.

He is simply will try to make more money now
 
What do you mean "make more money" - provide a reason how not paying the $4 caused him additional damages? If he has other claims, even if you pay the $4 he can sue you for those damages. If they are completely frivolous then file a countersuit as part of your answer. In your answer, you should state you tendered an offer of payment for the $4 but the plaintiff refuses to accept and chooses to harass you with a frivolous lawsuit and requiring you to come to court. You should send a letter or email to this effect BEFORE you go to trial so you can show the judge more than your word that you tried to pay. I would provide a defense that the plaintiff waived his right to receive payment believing that not accepting payment would be a way to initiate a lawsuit and judgment entered against you which would defame you. This way he might not be entitled to the $4 and you may even receive damages. No judge or arbitrator likes a plaintiff who uses the court to waste everyone's time.
 
He never asked for the money. When I found out I owe him money, I emailed him right away saying I do owe you money and I will pay you now.
 
Dude.... don't sweat it. The guy has no case in court. He can't refuse your payment and then sue you for not paying him. He will be laughed at. Write him a check and he can choose if he wants to cash it. If you have to appear in court you can show that you provided payment and produce evidence that he refused your earlier offers because he is a greedy SOB and thinks he can get more out of you in court.
OR... do as suggested above... but that only comes into play if he actually does file suit.
 
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