Ive got a problem with an Ex and her extremely annoying mother (Legal Problem)

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isekii

Lifer
Mar 16, 2001
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Also, do you remember giving it to them in the first place ?
As I remember you said you were drunk, and you were filling something out.
 

Mill

Lifer
Oct 10, 1999
28,558
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Originally posted by: NinjaGnome
Originally posted by: Mill
Originally posted by: NinjaGnome
Well she let me borrow it while i was there as something to remind me of her and I lost it somewhere. So these people have no case and I should just not pick up the calls? I also wrote a check at one time but didnt sign it and they are saying that since I had intent to pay and that I didnt sign then it is considered a bad check, is she telling the truth?

Clarify what you mean about the check. Yes, I'd ignore the calls, or have the number blocked.

They called one day while I was hammered and I wrote a check but didnt sign it. she says that this is considered a bad check. so they have an unsigned 90.10 check.

That doesn't help you that you gave them that unsigned check. It does show some intent to pay. I'd be sure to right down that you were intoxicated and you wrote a check so that they'd STFU. I'd contact your bank and make sure they refuse to cash that check. I'm assuming you wrote down the number, or have it listed in your check book. Tell the bank someone has an unsigned check, and ask if there is a fee for making sure it can't be cashed.

Like I said, this is a bunch BS tactics to just get you to pay them the money. I'd handle the check issue then start ignoring them. I'm not even sure that you'd be culpable for the ring. It'd be easy for that to be considered a gift especially since there was no "limit" imposed on when it would be returned.
 

Eli

Super Moderator | Elite Member
Oct 9, 1999
50,419
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Originally posted by: NinjaGnome
Originally posted by: Eli
Originally posted by: NinjaGnome
Originally posted by: Eli
Originally posted by: NinjaGnome
Originally posted by: Mill
Originally posted by: NinjaGnome
Well she let me borrow it while i was there as something to remind me of her and I lost it somewhere. So these people have no case and I should just not pick up the calls? I also wrote a check at one time but didnt sign it and they are saying that since I had intent to pay and that I didnt sign then it is considered a bad check, is she telling the truth?

Clarify what you mean about the check. Yes, I'd ignore the calls, or have the number blocked.

They called one day while I was hammered and I wrote a check but didnt sign it. she says that this is considered a bad check. so they have an unsigned 90.10 check.
Wait, they have the check in their posession?

yes they do
Ahh.

Well, regardless, i'm still positive it's not a bad check. It was never good in the first place.

And if they forge your signature and cash it, nail them. :evil:

Thats the only thing im most worried about and since I dont know the law as well as a lawyer would its the only thing im paranoid about
Dude, lol.. Let them sign the check and cash it. If they're that stupid, they deserve everything you can throw at them.

AFAIK, forgery is a felony, regardless of the circumstances of $$ ammount involved. Could be wrong, though.

Sue them for the computer parts, while you're at it. :D
 

Mill

Lifer
Oct 10, 1999
28,558
3
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Originally posted by: Eli
Originally posted by: NinjaGnome
so since they have that check would that screw me over?
I don't think so. What is "intent to pay", anyway? I don't think it actually means anything, as far as the law goes.

So you started to fill out a check, and then they said something to piss you off or something, and you stopped. Who knows. I don't think it has any bearing on this "case", lol.

Small claims is really big on something like that. Sometimes a judge will see culpability if someone was willing to pay, whereas others are less naive and know that people will offer to pay for stuff just to get people to leave them alone.
 

Eli

Super Moderator | Elite Member
Oct 9, 1999
50,419
8
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Originally posted by: Mill
Originally posted by: Eli
Originally posted by: NinjaGnome
so since they have that check would that screw me over?
I don't think so. What is "intent to pay", anyway? I don't think it actually means anything, as far as the law goes.

So you started to fill out a check, and then they said something to piss you off or something, and you stopped. Who knows. I don't think it has any bearing on this "case", lol.

Small claims is really big on something like that. Sometimes a judge will see culpability if someone was willing to pay, whereas others are less naive and know that people will offer to pay for stuff just to get people to leave them alone.
Heh. That's interesting. So basically, just hope you get a nice judge? Heh..

I think that's the only thing that bothers me about small claims. It seems that in some cases the decision rests more on the judges.. judgement.. than actual evidence.

Wait.. that's the way it is in all courts, nevermind. ;)

Regardless, if they sign it and try to cash it.. it definately wouldn't be good for them.

If it caused any "pain and suffering" on your part(like bounced rent checks, etc).. you could sue for that. ;)

You can sue for anything. So yes, they could take you to court. Since you have receipts and stuff.. If you can get them to sign a piece of paper acknowledging that they broke your sh!t, produce the receipts of how much they and the replacements cost, you would definately win your case. And ontop of that, it very well may be that the ring could be considered a gift. If you do end up in court, make sure you explain the circumstances of the ring-loss.. And don't forget to throw in the cheating part. ;)

Maybe the judge would just call it even and throw you all out. If you play it cool, and the judge is cool, they might just see right through all the bullsh!t and scald them before throwing it out right away. That would be cool, and maybe worth all the trouble. :D
 

NinjaGnome

Platinum Member
Jul 21, 2001
2,002
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Well im not 21 so that wouldnt help my situation any, but I didnt have any intent to pay I just wanted them to leave me alone for a while since the last time she called I was so angry I was shaking. I think if im in the right with this check thing im going to send them 100 dollars of monopoly money and tell them to keep the change and not call anymore.
 

NinjaGnome

Platinum Member
Jul 21, 2001
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It is purely a matter of principle, I just couldnt take it if I paid because that means they would be winning.
 

KarenMarie

Elite Member
Sep 20, 2003
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Well I see this as a good VS. evil sort of thing and I know it would be easier to pay the money but then evil would win. Its not the 90 bux its the fact that these people dont deserve anything from me or anyone.

you are correct, in that they do not deserve anything from you. You are in the right here. But what is it worth it to prove that? A day off work, school or whatever... going to court, plus you could lose... and the aggravation. Is that worth fighting for $90.00? If you think they are just blowing smoke, ignore them. If you think there is a possibility they may acutally take this to court, then jodge for yourself what your time and aggro is worth.

They called one day while I was hammered and I wrote a check but didnt sign it. she says that this is considered a bad check. so they have an unsigned 90.10 check.

This may be seen as an admission of guilt. Dunno, might want to ask a lawyer. But that would cost you way more then $90.00.

This girl's mom seems like real trouble. But remember... it is all on a wheel and she will get hers. I would bet that she has not had a decent night's sleep for a really long time. People like her usually don't. If you think that it is worth fighting over, I would tell her to kiss azz. If you just want it gone, fork over the $$ and be done with it.

:)
 

NinjaGnome

Platinum Member
Jul 21, 2001
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so this check is pretty much gonna lose it for me huh? what if I told them to send me the check through the mail so i can sign it and then rip it up? It may be wrong but then theyd have nothing to hang over my head. naw nevermind I havent done anything wrong yet no point on starting now.
 

Mill

Lifer
Oct 10, 1999
28,558
3
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Originally posted by: NinjaGnome
so this check is pretty much gonna lose it for me huh? what if I told them to send me the check through the mail so i can sign it and then rip it up? It may be wrong but then theyd have nothing to hang over my head. naw nevermind I havent done anything wrong yet no point on starting now.

No, you didn't read my post. The check isn't going to harm you that much, but you certainly need to talk to your bank. She's not going to sue you in the first place. I'd be very suprised. There's filing fee for even small claims I believe, and it can range from 1-100(or whatever). I don't think she'll do it, but if she does you've got receipts and hopefully pictures of, or the actual property that was damaged. You've got your property back in your possession. There's nothing between you two to state it was anything other than a gift. I think you are fretting WAY too much of this little problem. Talk to the bank, handle the check, and then ignore those stupid sons-of-bitches.
 

Siddhartha

Lifer
Oct 17, 1999
12,505
3
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Originally posted by: NinjaGnome
It is purely a matter of principle, I just couldnt take it if I paid because that means they would be winning.

A Pyrrhic victory
A victory gained at too great a cost: like that of the Greek leader Pyrrhus over the Romans in 279BC

 

NinjaGnome

Platinum Member
Jul 21, 2001
2,002
0
76
Originally posted by: Mill
Originally posted by: NinjaGnome
so this check is pretty much gonna lose it for me huh? what if I told them to send me the check through the mail so i can sign it and then rip it up? It may be wrong but then theyd have nothing to hang over my head. naw nevermind I havent done anything wrong yet no point on starting now.

No, you didn't read my post. The check isn't going to harm you that much, but you certainly need to talk to your bank. She's not going to sue you in the first place. I'd be very suprised. There's filing fee for even small claims I believe, and it can range from 1-100(or whatever). I don't think she'll do it, but if she does you've got receipts and hopefully pictures of, or the actual property that was damaged. You've got your property back in your possession. There's nothing between you two to state it was anything other than a gift. I think you are fretting WAY too much of this little problem. Talk to the bank, handle the check, and then ignore those stupid sons-of-bitches.


Alright ill call the bank and talk to them today, they wont sign the check though since they called me yesterday and told me to go over there and sign it. I do have the destroyed power supply and keyboard still to show the court if need be.
 

Mill

Lifer
Oct 10, 1999
28,558
3
81
Originally posted by: Dr Smooth
Originally posted by: NinjaGnome
It is purely a matter of principle, I just couldnt take it if I paid because that means they would be winning.

A Pyrrhic victory
A victory gained at too great a cost: like that of the Greek leader Pyrrhus over the Romans in 279BC

That's absurd. You're saying someone should give into blackmail. What major losses does he have so far other than losing part of his peace of mind? None. Fvck it. If someone wants money from me and they don't deserve it then they won't get it. I don't consider doing that to be engaging in a scorched-earth policy in my own backyard.
 

NinjaGnome

Platinum Member
Jul 21, 2001
2,002
0
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Originally posted by: Dr Smooth
Originally posted by: NinjaGnome
It is purely a matter of principle, I just couldnt take it if I paid because that means they would be winning.

A Pyrrhic victory
A victory gained at too great a cost: like that of the Greek leader Pyrrhus over the Romans in 279BC

I think it wouldnt be at that great a cost since im just going to ignore her phonecalls and if she takes me to court im more than prepared. I mean they are in the wrong and her mother doesnt know what shes talking about.

 

NinjaGnome

Platinum Member
Jul 21, 2001
2,002
0
76
Originally posted by: NinjaGnome
Originally posted by: Dr Smooth
Originally posted by: NinjaGnome
It is purely a matter of principle, I just couldnt take it if I paid because that means they would be winning.

A Pyrrhic victory
A victory gained at too great a cost: like that of the Greek leader Pyrrhus over the Romans in 279BC

I think it wouldnt be at that great a cost since im just going to ignore her phonecalls and if she takes me to court im more than prepared. I mean they are in the wrong and her mother doesnt know what shes talking about.


The battle of the century: Me VS. the angry at the world homemaker
The only thing she has is time and I think that she will take it as far as she can.
 

Mookow

Lifer
Apr 24, 2001
10,162
0
0
Originally posted by: Dr Smooth
Originally posted by: NinjaGnome
It is purely a matter of principle, I just couldnt take it if I paid because that means they would be winning.

A Pyrrhic victory
A victory gained at too great a cost: like that of the Greek leader Pyrrhus over the Romans in 279BC

Whatever you say, Neville.
 

flot

Diamond Member
Feb 24, 2000
3,197
0
0
Dude, pay the $90. That isn't "giving into them", that's "being a bigger man."

It obviously isn't worth all the time and aggrivation. Write them a new check and feel free to put "for the ring that I lost from the bitch who cheated on me" in the notes field on the check. Voila, now you're even.
 

NinjaGnome

Platinum Member
Jul 21, 2001
2,002
0
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Originally posted by: flot
Dude, pay the $90. That isn't "giving into them", that's "being a bigger man."

It obviously isn't worth all the time and aggrivation. Write them a new check and feel free to put "for the ring that I lost from the bitch who cheated on me" in the notes field on the check. Voila, now you're even.


yeah but dont you think it would be funnier if I sent them 100 dollars of monopoly money and told them they could keep the change and then a brief letter showing how everything she said was wrong?
 

Eli

Super Moderator | Elite Member
Oct 9, 1999
50,419
8
81
lol..

Go over there to "sign the check", and then walk out with it. When they greet you at the door, just stand there. Don't say anything, except maybe something like, "let's get this overwith". When they hand it to you to sign, casually turn around walk back to your car, and drive home. Oh man, I would so do that.. It would be classic.

That'd really piss 'em off. :D And there's no way they could "get you" for taking back your own, unsigned, check.

Don't forget to smile and wave as you drive off. ;)

I agree with Mill. I doubt they'll sue you. But then again, you know these people better than we do.

I was serious about printing something that makes them acknowledge they broke your computer stuff.

Hell, include something about how you're not responsible for the ring, too. When you go over there to "sign the check", state that they both need to sign the piece of paper to consider this settled and done. I bet they won't even read it. :D
 

StageLeft

No Lifer
Sep 29, 2000
70,150
5
0
Originally posted by: NinjaGnome
Well I see this as a good VS. evil sort of thing and I know it would be easier to pay the money but then evil would win. Its not the 90 bux its the fact that these people dont deserve anything from me or anyone.
I understand. Hassel or not, it's just not nice to be taken to the cleaners like she's trying to do.

Either forget about it, or tell her that you'll pay for the new ring as long as she pays for the computer. If her daughter is 17 tell her that as her daughter's legal guardian, she is thusly responsible for paying back the money. She's trying to scam you and she knows it.
 

NinjaGnome

Platinum Member
Jul 21, 2001
2,002
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Originally posted by: Eli
lol..

Go over there to "sign the check", and then walk out with it. When they greet you at the door, just stand there. Don't say anything, except maybe something like, "let's get this overwith". When they hand it to you to sign, casually turn around walk back to your car, and drive home. Oh man, I would so do that.. It would be classic.

That'd really piss 'em off. :D And there's no way they could "get you" for taking back your own, unsigned, check.

Don't forget to smile and wave as you drive off. ;)

I agree with Mill. I doubt they'll sue you. But then again, you know these people better than we do.

I was serious about printing something that makes them acknowledge they broke your computer stuff.

Hell, include something about how you're not responsible for the ring, too. When you go over there to "sign the check", state that they both need to sign the piece of paper to consider this settled and done. I bet they won't even read it. :D

Man you are so funny, I dont think I could the monopoly money thing then. Also knowing her mother she probably made a copy of the check just in case I did do that.

 

PingSpike

Lifer
Feb 25, 2004
21,758
603
126
Mil is right, its a huge hassle to file in small claims and she probably won't follow through. Especially since she has at best a 50% chance of winning IMO.

Tell them to mail the check to you, like you said. Then tear it up. If they don't want to mail it, go over there like you're going to sign it and tear it up. Its still your check as far as I'm concerned since you haven't endorsed it.

Then ignore them. I really doubt they are going to go through the hassle for 90. If possible, find a source that sells a similar ring for less and get a quote from them. If they do sue you in small claims court, claim it was a gift. They probably have no way to prove otherwise. And also countersue for your computer parts, assuming that doesn't cost anything.

Stop saying things to them on the phone, they might be recording it and that could screw you.

Some are suggesting he give in. Remember, he's the one who got burned here NOT them. He owns them nothing.