Letting someone "test run" my computer.

[HarvInSTL]

Originally posted by: waggy

Originally posted by: HarvInSTL
The serial numbers is a must as are pictures. Try to get multiple high quality pictures so you can also read the serial numbers in the pic. Have your drivers license or some other form of identification in the pictures that proves you took the pictures.

As well that contract won't hold up in a court of law unless you both sign it in front of a notary and have the notary sign it. Which your bank should have a notary on hand for free.

actually yes hte contract will hold up in court (been there done that).

Small claims court?

 

[chambersc]

obviously you guys haven't read the threads about "co-worker/friend has my stuff and won't give it back!" four words

DON'T TRUST ANYONE! unless it's your SO, never ever. better safe than sorry.

 

[TallBill]

Dont loan it to him if its such a big deal.. Jesus.

 

[waggy]

Originally posted by: HarvInSTL

Originally posted by: waggy

Originally posted by: HarvInSTL
The serial numbers is a must as are pictures. Try to get multiple high quality pictures so you can also read the serial numbers in the pic. Have your drivers license or some other form of identification in the pictures that proves you took the pictures.

As well that contract won't hold up in a court of law unless you both sign it in front of a notary and have the notary sign it. Which your bank should have a notary on hand for free.

actually yes hte contract will hold up in court (been there done that).

Small claims court?

yeap. while having it notary is far better it would not hurt him in court.

 

[effowe]

Well I appreciate all the help. The computer is now gone though, and I didn't get a chance to take pictures or write down serial numbers. Everything is out of my hands till I get back from my vacation in a week.

Peace

 

[SMOGZINN]

Originally posted by: Marlin1975

Originally posted by: Shadowknight
A poster recently finished up his story about loaning a computer to a co-worker... She refused to give it back, and made up some bull story about how it was a gift. He finally squeezed $200 out of her (too low) for the computer.

NEVER trust someone you aren't really really really good friends with, and that you trust a lot.

Just about to say the same thing. Maybe that is why the OP is doing this, he read that story.

But as someone else said, get the serial numbers as well. That and a couple pics would not hurt.

If everything is on the up and up there is no reason not to have a written agreement. Anyone that would get upset about you not trusting them is someone you should not trust.

As for the wording, it really doesn't matter all that much. If you have to sue you will be going to small claims court and in small claims they don't worry too much about the wording. What you do need is an agreement on what will happen if the terms of the contract are not met.
Make sure the contract covers these terms:

1. What happens if he does not return the computer by the date named? For example he returns the computer to you on 01/08/2006? What if he keeps it until 05/01/2006? This could be covered by a fixed amount he owes you per day after the first if he does not return the computer.

2. What is the value of the computer that the he agrees to pay if the computer is lost or stolen while in his care? With out a fixed amount the computer is depreciating while he has it and while you are waiting to go to court (if you should have to) with something like a computer it could depreciate to almost nothing by the time you actually get a ruling.

Edit:
I just noticed that you are going to accept collateral, in my opinion this is a bad idea. You need to at the very least define what the value of that collateral is, and that it is partial collateral. Otherwise he could simply keep your computer and hand over the collateral to you as fair exchange, because by calling his computer collateral you are agreeing that it has similar value to the computer you are giving him.

 

[captains]

test at your place

 

[ggnl]

Originally posted by: TallBill
Dont loan it to him if its such a big deal.. Jesus.

Agreed. It's obvious you don't trust him, so why even go through the trouble? Is he paying you?

 

[SMOGZINN]

Originally posted by: HarvInSTL

Originally posted by: waggy

Originally posted by: HarvInSTL
The serial numbers is a must as are pictures. Try to get multiple high quality pictures so you can also read the serial numbers in the pic. Have your drivers license or some other form of identification in the pictures that proves you took the pictures.

As well that contract won't hold up in a court of law unless you both sign it in front of a notary and have the notary sign it. Which your bank should have a notary on hand for free.

actually yes hte contract will hold up in court (been there done that).

Small claims court?

I've personally done this sort of thing countless times, and can tell you from experience that a note jotted down on a paper napkin and signed by both of you in McDonalds will hold up in small claims court. In small claims the judge is looking for the spirit of the agreement. If you can show him some evidence that you had an agreement it goes a LONG way for your case.

 

[HarvInSTL]

Small claims court?

I've personally done this sort of thing countless times, and can tell you from experience that a note jotted down on a paper napkin and signed by both of you in McDonalds will hold up in small claims court. In small claims the judge is looking for the spirit of the agreement. If you can show him some evidence that you had an agreement it goes a LONG way for your case.

Well hopefully the small claims courts in your state are better than ours in Missouri.

Sure he can take a napkin that you both signed into small claims court and win. But that is all small claims court does is make the decision, they can't & won't force him to pay.
You would just win a judgement and then it is still up to you and him to work out how you are going to get paid that judgement.

The benefit of having the contract signed by a notary is that you could sue him and take him to a court and not small claims court.
Here in missouri the limit is $3000, anything below that goes to small claims, anything above that goes to a associate circuit court.

Now I know everyone is going to say that the value of the computer is below $3k, which it is. But you wouldn't sue him for just the cost of the computer. You would have other fee's, such as lawyer fees, missed work,etc,etc.

I should have edited my post, it doesn't have to be signed by a notary if you go to small claims court. But until it happens you have no idea if you would take him to small claims or circuit court. it would suck to follow the latter and not have everything you need to win your case.

Collection
If you win in small claims court, the burden to collect is on you, not the court. Sometimes the defendant pays immediately, sometimes not. If the ten-day appeal period is over and the party that has lost the case has not paid, he or she becomes your "judgment debtor."

If the defendant does not pay after a personal contact from you, you have the option of obtaining a court order for the attachment (seizure) of the defendant's assets and garnishment (paycheck deduction) of his/her wages. You must provide the sheriff with the information necessary to locate the debtor's personal property or funds. For the seizure of motor vehicles and home appliances, you will probably be asked to describe the property, identify its location and provide a registration or license number. To seize bank accounts or income, you will need to tell the sheriff where the debtor banks or works.

The sheriff will charge a fee for collection services. This amount is recoverable from the debtor ? if you succeed in collection.

Another option you have is to engage a collection agency or attorney to collect for you. This is expensive. The agency or attorney will commonly take one-third to one-half of what they collect plus expenses. They may also charge you a fee even if they are unable to collect anything.

 

[mercanucaribe]

How long does he need tp test a damn computer for? Either it works or it doesn't work, and either the specs meet his needs or they don't.