I need legal advice

[galloguy05]

So this is going to be pretty long bit it is kind of complicated so please bare with me.

 

Alright so this is the situation.  I have this friend, well ex-friend, that I wnt to highschool with.  A couple years after highschool we decided to become room mates.  Now this friend of mine was making the same amount of money as me (about 2,400 a month) but did not have any other bills besides living expenses.  His "living expenses" were higher than mine though because, well to put it plainly, he is a pot head.  (I know I shoulnt have made the mistake of moving in with a pot head in the first place but oh well.). Well over a year ago he decides he can't afford to live on his own and gives me about a months notice that he will be moving out.  I couldn't really afford the place on my own so I moved in with family again.  We BOTH opened a storage unit of te same size to keep our stuff in.  We agreed that we would pay it until the other either needed their stuff or something of that nature.  Well he never paid a single storage payment and my stuff that wa in his unit got auctioned off.  (a washer and dining room table and other miscelleanous things a sow priceless items that my grandmother had given me that I thought were in my storage but weren't). Well throughout this time he is dodging my phone calls and texts messages about weather or not he is paying for the storage.  In February I decided to get a place with my girlfriend and I wanted my things and found out they were long gone.  He said he would give me a washer and dryer and kitchen table that was at his moms house that were now his. He never follows through and dodges my phone calls so I end up navigation to buy used things off craigslist.  The only things that were in my storage was a mattress and a bed frame with headboard.  I took those things with me to the new place.  I sold the mattress for 30 bucks since it was like 10 years old that's all I could get for it.  I used the bed frame for about a month but it was crap but disassembled it ad made a work bench out of it.  Lol.

 

So now here comes the issue.  He finally texts me the other day sayid he found another job (because he just stopped going to work when he worked at the same company as me so that's considered a voluntary quit and he can't collect unemployment). And will pay me however much I paid for the washer and dryer.  I told him 125 and he said ok.  Last night he tells me I owe him 1000 dollars for the bed frame and mattress.  He bought the bed frame along with 2 night stands and a big dresser and an entertainment system from his dad for 1000 the previous year.  So somehow he says I owe him the 1000 dollars that he paid fr all those items when in fact he has all of them except the mattes ad bedframe, which were in my storage unit for nearly a year and at my house the last 2 months. 

 

So he says he is going to sue me because I never tried to contact him and never told him i was moving.  

 

My question is this, does he even hae a leg to stand on to sue me for that??  And if so is there a way for me to get my phone records and text message records from AT&T from the last year or so for me to take to court?  

 

Thanks for any of you who read this whole thing.    

[jc052685]

Yes he can sue you.......

 

 

I would say there are 2 or 3 ways to go about this.

 

#1. Just say you have no idea what the hell he is talking about. He likely has no proof that you ever had possetion of the stuff.

 

#2. Just go in and be perpared. Have all of your info ready for the judge.

 

#3. Same as above but also counter sue for all of your things and make sure he knows that you have all of your paperwork and information ready. Good chance he may even drop the case.

[woldson]

Yea, you sold his stuff and then were willing to get money for your stuff?

 

Think of it this way he just wants money for his stuff and he never got a dime off your stuff. Off set the money difference and hope things square out even.

 

Guy was an jerk, however, that dose not mean you have to be stupid.

[galloguy05]

No i only sold the matress. I only got 30 dollars for it. If he wants that He can have it. I never really expected him to pay me any money nor did I ever confront him or harass him to pay me anything. The only times I contacted him was before I moved when he promised me the washer and dryer ad kitchen table ad I wanted to know when I could pick them up. Once I moved I knew inwouldnt get the items so I bought my own and hadn't talked to him since. He texts me the other day offerig to pay what I payed for the washer ad dryer to make things right and I said ok I payed 125 and he said alright. Then last night he says by the way you owe me 1000 dollars for my bed frame or I'm suing you....

 

The other stuff I had to take to the dump and pay to get rid of because I could not keep it any liger ad no1 would buy it. I also did attempt to contact him but he would never return my calls. I talked to my girlfriends cousin who just graduated law school and took the BAR (pending results right now) and she said he can sue me. ( should have known that from watching judge Judy. Haha). But that the judge will laugh in his face (figuratively of course). Also that he cannot expect to get 1000 dollars for a bed frame and head board that was bought brand new ( in a package with a large dresser and 2 night stands that he currently has in his posession) for only 1500 over 10 years ago. She did say that I can counter claim for the things I lost in the storage that he defaulted on even if I don't have reciepts for them as they were personal gifts and family heirlooms. So if it comes down to it I will bring it to court I guess. I really doubt that it will though, I think he is just trying to find an excuse to not pay me 125 dollars. Which is fine with me, I could care less about the money since I never expected it in the first place.

[310z]

So this guy making $2400/mo can afford a lawyer? I don't think so, and for some junk that was not worth as much as the lawyer bill will be. So the answers to your first questions is No, he does not have a leg to stand on. More importantly, he can't afford the price of resolving this issue. He is threating you, but you are lucky. He shows a pattern of typical pot use which is lack of ambition/follow through. Leave him alone and he will continue to get stoned and forget about you. He will lose his job again and the tax payers will be supporting him again, like so many others.

[galloguy05]

No he used to make 2400 a month after taxes when he had his job at the company where I am employed. He stopped comic to work in hopes that they would fire him so he could collect unemployment. He forgot that when we got hired we signed papers stating that if we simply stopped coming to work, it is a voluntary quit and are not required to have a hearing befre termination and are not eligible for unemployment benifits. So he is currently not getting any money (that I know of, I haven't really talked to him in a year) besides probably selling pot on the side. He has a "friend that is a paralegal assistant" that is giving him the legal advice. Which if I am correct, it's illegal for a paralegal to give out any type of legal advice whether on the clock or not because of the nature oftheir job. I could be wrong about that, but that's what I heard. That's not the point reallythough. I was just wondering if there is some type of presidence where he had a legal upper had eventhough he voluntarily left the items in my storage unit for over a year, with complete access to said items at any time he wanted. And also was in my posession in my home for nearly 60 days before it was disposed of.

 

He also stated that he ad a copy of his complete phone records of all text messages ad phone calls that he recieved from the entire last year to show in court. If that's so, then I know I will win. But is it even possible to get those types of records from a phone company on a mobile phone plan where he is not the primary? Also if it is even possible for a primary account holder to get them, do I just need to simply call the phone company and request my own (for a fee. I'm sure) so that I may take them to court in my own defense if it does lead to that?

[itsadatsun240z]

No he used to make 2400 a month after taxes when he had his job at the company where I am employed. He stopped comic to work in hopes that they would fire him so he could collect unemployment. He forgot that when we got hired we signed papers stating that if we simply stopped coming to work, it is a voluntary quit and are not required to have a hearing befre termination and are not eligible for unemployment benifits. So he is currently not getting any money (that I know of, I haven't really talked to him in a year) besides probably selling pot on the side. He has a "friend that is a paralegal assistant" that is giving him the legal advice. Which if I am correct, it's illegal for a paralegal to give out any type of legal advice whether on the clock or not because of the nature oftheir job. I could be wrong about that, but that's what I heard. That's not the point reallythough. I was just wondering if there is some type of presidence where he had a legal upper had eventhough he voluntarily left the items in my storage unit for over a year, with complete access to said items at any time he wanted. And also was in my posession in my home for nearly 60 days before it was disposed of.

 

He also stated that he ad a copy of his complete phone records of all text messages ad phone calls that he recieved from the entire last year to show in court. If that's so, then I know I will win. But is it even possible to get those types of records from a phone company on a mobile phone plan where he is not the primary? Also if it is even possible for a primary account holder to get them, do I just need to simply call the phone company and request my own (for a fee. I'm sure) so that I may take them to court in my own defense if it does lead to that?

 

YES absolutely YES, those records can be brought to the court of law. They must however be subpoenaed/requested by a lawyer to be admissible in court. IF, he uses a service such as Microsoft's "My Phone" or something of that nature I know I had a program on my Blackberry but forget the name it was PIM Backup or something like that which backs up the texts/contacts/pictures etc...that also is admissible in court and does not require authorization through your cellular provider although it's usually a smart idea to request it through your lawyer to increase the credibility.

[galloguy05]

So he cannot get those records without a subpeona though? I was going to have my lawyer do it anyways but was just wonderig if it was possible for him to get thin on his own. I am nearly positive that he did not use any type of service as you mentioned because his phone most likely isn't compatible. I figure if for some reason he does take me to court and wins because I do not have the right paperwork, then I will appeal it and then he HAS to get a lawyer. In small claims court lawyers aren't allowed except before and after trial but if I had to appeal it for some reason, which I doubt i would, my lawyer can present the case much better than I could. And the lawyer would be free for me anyways since she's pretty much family. He will hve to pay for one and if I have to pay 1,000 to him still, thn atleast he will have to pay 5,000 in legal fees with a lawyer. Haha

[galloguy05]

Edit: double post

Edited June 6, 2010 by galloguy05

[randy 77zt]

i really doubt if he will bother going through with anything in modesto.it will cost more to file the papers than the case is worth.does the ******* have enough ambition to stand in the line long enough to file at small claims anyway?if he does just take have a buddy take him out the night before court and make sure he doesnt show up=automatic win.even if he did get a judgement it is hard to collect-more time involved than it is worth.i put a wage garnishment on somebody once for not paying back my deposit on a house i rented from them.as soon as i did that they filed bk.i would tell the guy to talk to my aluminum baseball bat

[galloguy05]

Yeah that's what i was tol. That if he were to actually take it to court and for some weird reason actually win (wich I doubt). Then he still has to file another case to collect the money. I'm not too worried about it. Haha

[Tony D]

What you have is a small claims suit. The amount of money is not worth getting a lawyer.

 

Your answer should have been 'so sue me', go in an file the counterclaim as suggested above. The court will have people to assist you in your filing the small claims suit (if he ever really DOES sue you...)---it is at this time you want to have them subponea the phone records.

 

Are you SURE he was the only one doing Pot? How the heck do you not know your stuff is not in your storage, and how apparently HIS stuff is in 'yours'?

 

This is not a superior court suit, it's a small claims suit. It's like a $40 filing fee. I don't think the judge with FIGURATIVELY laugh in his face, there is a good chance he will LITERALLY laugh in his face. Put your counterclaim in and make sure your priceless heirlooms are worth more than his claim. He defaulted and lost your stuff, if by some fluke the judge awards him anything in his claim, likely he will offset it against what he owes you for his inability to pay for the rent on his storage and evade you when asking him about keeping current(as supported by your text messages). It's the solomon cutting the baby in half. Lots of work for nothing.

 

Voicemails as well are subponeable. And regardless of how crappy they sound on your celphone, I can attest personally the CD you get from AT&T is crystal clear and got my friend $50,000 and a clear work record, as well as benefit continuation for 18 months (at a cost of $700 monthly!) Beware what you say on voicemails, especially as a representative of a company...they can come back to haunt you when you terminate someone 'for cause' and later get nailed because of a voicemail you left! I would say that company learned a lesson, but they didn't, they won't, and they never wll 'get' it!

 

Does anybody else reading this think:

 

 

"Dude, I want my bedset back, or I'm suing you, dude!"

I digress...

Edited June 8, 2010 by Tony D

[galloguy05]

Yes I am sure that he was the only one doing pot. Because of what I went though as a kid with my parents on drugs, I have never tried any type of controlled substance in any way shape or form ad I take pride in that.

 

The reason why the stuff was mixed is because we had originally gotten one f the largest units availible at this place and it filled up quite quickly so we had to open up another one and both agreed to pay each respectively eventhough the contents were mixed. We were supposed to come back on a time that we both had days off to seperate everything, but like I stated he never awnsered any calls or anything from me an then never made a payment on his storage. So by the next month the lock that we both had keys to on his storage that he defaulted, was cut and I had no access to the contents. Meanwhile he always had a key to the storage unit in my name and had free access to it any time he wanted but would never go back because the owners would recognize him and hit him up for the money he owed.

 

I ended up telling him to go ahead and sue me then if he thinks it's worth it and I will enjoy the paid time off work. He hasn't contacted me since. Haha

[Tony D]

so you're saying he abandoned the property...

[galloguy05]

He says he didn't and would hav picked it up any time. He also claims that I never told him I was closing te storage an getting a place of my own. I did on numerous occasions and that's why he offered to give me a washer ad dryer from his parents house that they had given him, as repayment o me of getting my things auctioned. He knew I was movig and it would be at my place and never made any contact with me or any arrangements until 2 and a half months after I moved and had gotten rid of his items becausethey were sitting in my garage ad takin up space so I got rid of the 12 year old matress for 30 bucks. It would have got ruined in my garage anyways with allthe body work and sanding I've been doing on the Z lately.

[Tony D]

so you're saying he abandoned the property...

[frank280zx]

 

Does anybody else reading this think:

 

 

"Dude, I want my bedset back, or I'm suing you, dude!"

I digress...

 

CLASSIC !!!

[Tony D]

"Dude, where's my title?"