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i had a friend and she gave me money for a dumpster and never said anything about paying her back can she sue me?

we are no longer friends and now she want's her money back so I said fine cause I wasn't going to have her putting my name out there that I owed her money so I started paying her $25 a month and she refused my recent payment and filed a court case against me how can she do that?

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mrs.p82811

Asked by mrs.p82811 at 4:14 PM on Oct. 23, 2013 in Money & Work

Level 2 (4 Credits)
Answers (16)
  • Anyone can file suit against you. The question is, does her case have any merit to it?

    What was the original agreement and why did she pay for the dumpster? We are missing too much of the story to give an informed opinion.
    QuinnMae

    Answer by QuinnMae at 4:29 PM on Oct. 23, 2013

  • How much was the dumpster rental?
    How much have you paid her?
    Why did she pay for the rental? (circumstances)
    What did you agree to originally?
    When she asked for her money back her back what was the conversation about you owing the money to her?
    What was the conversation when you started repaying the money?
    Did you pay in cash or by check?
    Did you write a note with the payment or on the check?
    So many questions before I would even begin.
    Dardenella

    Answer by Dardenella at 4:35 PM on Oct. 23, 2013

  • Did you ever sign anything saying you owed the money and agreed to a payment plan???? If so, she might have grounds to collect. However, how much was the dumpster? Where I live they are around 200.00. If that's true for you, and you've made at least 2 25 dollar payments, then she's being an idiot to sue and a judge might just tell her that. Especially if you made a good faith effort to make another payment. Because even if a judge says you have to pay, she has to take payments as long as its paid by a certain date.
    Nimue930

    Answer by Nimue930 at 5:08 PM on Oct. 23, 2013

  • if you started making payments they will see that as admission that you owe it so, probably you will be told to pay the girl. Why would you expect your friend to pay for your dumpster anyways

    How much do you owe and when did she say she wanted it by? There are all sorts of things to consider in stuff like this.
    luvmygrandgirl

    Answer by luvmygrandgirl at 5:17 PM on Oct. 23, 2013

  • first of all I was in a tight spot and I told her that I didn't want the money and that I couldn't pay it back and that was in front of witnesses and I never signed anything and I paid with a money order and I was just paying her because she was putting my name out there and i'm not going to have her telling mutual friends stuff that ain't true so I made 3 payments toward the $200 she gave me and she didn't start nothing til I stopped talking to her over her drama.
    mrs.p82811

    Comment by mrs.p82811 (original poster) at 6:38 PM on Oct. 23, 2013

  • well by starting the payments you show that she let you borrow regardless of not signing an agreement. So , I am pretty sure you would be told to pay up. It would have been better that you did nothing, your name was already out there so they already heard what she had to say before you paid her the first 25.00

    Good Luck, hope you don't get a judge judy
    luvmygrandgirl

    Answer by luvmygrandgirl at 6:49 PM on Oct. 23, 2013

  • Did you sign a promissory note or anything stated in writing that you will pay her for the Dumpster? If not the she "gifted" it to you. Obviously it is a small claims court issue. Just show up for the court date & say you never signed anything promising to pay her back. Do NOT agree to an arbitrator. Demand to see a Judge only. It is your right. The proof is up to her to show. She'll be shit out of luck.

    ILovemyPaulie

    Answer by ILovemyPaulie at 6:54 PM on Oct. 23, 2013

  • You started paying so a judge will probably perceive this as a "loan" vs a gift. Do you have copies/receipts for the money orders?? If so keep them safe, you will need them. Keep the one (s) she refused & document that she would not accept the payment. Keep offering the $25 payment on time. If she doesn't accept it just place it in the file you have started. When summonsed to court bring all that with you. When you are questioned produce all this info/uncashed money orders. She will come out looking like a fool!
    Crafty26

    Answer by Crafty26 at 7:40 PM on Oct. 23, 2013

  • I never borrowed it it was not a loan but to keep things from getting ugly I just decided to gift her back there is nothing in writing at all but even in my good nature she is making it ugly
    mrs.p82811

    Comment by mrs.p82811 (original poster) at 7:49 PM on Oct. 23, 2013

  • OK It is understood that no one gives someone money unless there is a serious connection, spouses, parents etc.without an expectation of being paid back. You have witnesses and that is fine but you did not have to take the money. The question is how would you have paid for it, had she not given or loaned you the money. Dumpsters imply a large amount that could not just be put in he trash bin, so the matter of credibility will be taken into account.
    The second point is that you began paying her back. This, in and of itself implies that you recognize that you owe her them money. Any drama between you will not be taken into account.
    Yes she can sue you and she most probably will win. You will have the amount you owe plus court costs pus time off from work etc.
    Dardenella

    Answer by Dardenella at 7:56 PM on Oct. 23, 2013

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