Unregistered business being sued in small claims

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maxist8766

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What is the name of your state (only U.S. law)? NJ

Not sure where to post this so I may post one other place too if I can find one that seems fit. Thanks in advance for your help. Its a little long but please bear with me. I really do appreciate it.

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Hey I need some advice badly. Im 22 years old and have been running this, for the most part, failing computer repair business for the past few years. I just post ads where ever I can for free and sometimes it gets me some jobs. Anwyay I did a job for a customer and I took really long on it, I was given both a laptop and desktop to fix. Long story short the desktop was a mess, it came to the point where I had to reinstall Windows. This deleted all of her program files (Itunes, but I'm sure her music is still accessible if she paid for it. MS Word which shes saying I offered her an illegal copy to replace hers) and shes saying she doesnt have access to important documents on this laptop and the desktop (her files arent gone its just the program files and Im pretty sure she said she had a copy of Office somewhere still.

Anyway she said she was going to pickup the laptop from me and never came. Next thing I know Im being sued. Basically she states in the letter that I took forever, she kept not hearing from me (a lie), I kept being late with the machine (possibly true, I did take awhile because I was waiting for a laptop part that took forever to come, so I kind of put her machine off, she said she understood due to the fact shes been a college student at one point too). She states she doesnt know why I didnt bring the laptop when I dropped off the desktop (she knew why, it wasnt fixed yet), then states the computer was in worse shape then when she gave it to me (because the internet wasnt working, the drivers didnt take to the machine so there was no internet access). I said id have to take it again and she refused because of how long I took with the machine (understandable).

I did not take payment and left her house without fixing her internet connection (I couldnt unless she let me take iit). She then says I asked her for a report of why she was unhappy (this is true, I feel I offered a suggestion for each problem she had with the desktop and it was her fault she wouldnt let me fix it, regardless of how long I took with the machine). BUT when she asked me "ARE YOU SAYING YOU WONT GIVE ME MY LAPTOP ?" I SAID NO. We had an appointment for her to come get it! She never came! It did sound like I wasnt going to give her it thoug hbecause I wanted this report first, I was going to basically say," I offered a suggestion for each of these problems your complaining about, so I'm going to need to either fix the machine for you or require payment for the desktop before I give you your laptop" but I never said it, I was going to give her the laptop if she had come to my house and I clearly told her i WAS NOT refusing to give her the laptop.

Shes stating I refused to give her the laptop unless she stated everything she was dissatisfied with. Shes not trying to sue me for 1800 dollars (the laptop is worth about $150 used on Ebay, will this help me at all? Its too old of a machine to find one with similar specs but I do plan to print out a copy of Staples laptop for $350 which is BETTER than this one, AND brand new...will this also help me?) Basically shes saying I was very slow, offered to put illegal software on her computer and then refused to give her her laptop, and is sueing me for the laptop for about 10x what it's worth IF IT WAS FIXED (she told me not to fix it after she got mad about the desktop).

Now my first question is, does she really have a case? Im not sure if she has any voicemails from me but other than that the only proof she has we worked together is my business card.

My second question is..is it a bad idea to go on TV with this case? Peoples Court offered to pay for this 1800$ if I lose the case, but I'm afraid to go on TV because my business isnt registered and everything. My jobs are so random and infrequent I've never bothered to go through all of the hassle, but plan to shortly because I have plans to start taking it very seriously and plans to start trying many ideas to become an established business.


Please help me out my court date is coming soon, Id like to go on TV with this (especially if she has a good case on me) so they'll pay the $1800 if I lose. I dont even think she has a good case though, I offered to give her the laptop. I have message history proof but that will hardly stand up if the judge knows how esily it can be edited. It was proof that I thought she had arrived here and I went down to give her the laptop but it was a friend of mine instead.
I probably wouldnt be so paranoid about going on TV with it but I also have at least one very annoyed competitor of mine, who is actually bothered enough by me to of made a website with my business name as the domain and post rude remarks and such. Im just afraid itll come back and bite me if I go on TV with this. I'm not sure it'd ever come up, or matter at all, but to avoid having to get her recovery cd's from her I also put an illegal copy of windows on the computer. I may have used her (legal) CD key (license #) to install it (if thats even legal still) but Im not sure. I just wanted to save myself the trip from going there and having to pickup the recovery CD's, especailly after how long I took with the machine (2-3 weeks because I was waiting for the laptop part. I left it up to her by the way, I could fix the
Thanks so much for reading. Any advice is greatly appreciated.
 
Just give her the laptop back. If she refuses to accept it then make a note of that in court, and bring it with you so you can hand it to her in court.
You won't be ordered to pay $1800, and she won't be able to show $1800 in damages. She got both computers back and you say she never paid you... so her loss is minimal. It sounds like she needs to take her equipment elsewhere and be done with you.
Personally, I would avoid the tv route.
 
thank you so much. yeah like i aid i did try to give her laptop back, the only thing im scared of is im 22, and shes 40 and well educated. this whole case now comes down to "he said she said" and i need to get the judge to take my HONEST word. any advice for incase she lawyers up? got no problem giving her the laptop back. i was definitely going to bring it.

think i will avoid the tv route. thanks so much anymore opinions please? anyone?
 
She may obtain a lawyer to help her out, but typically lawyers are not allowed in small claims court. If you stand your ground it should just be the two of you in court. You may get letters from an attorney in the mean time.
As you describe it, I think if you are ordered to pay anything it will be a relatively low amount. She gave you two broken computers and will get two broken computers back. She doesn't have much in the way of damages.
 
thanks so much. im thinking of bringing ebay auctions of what this computers worth used, my certifications, and notes to myself to argue everything she said in the letter sent to court . thanks so much. any other ideas everyone? THANK YOU!!!
 
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