For my daughter's sweet 16 the following occured; My daughter's god mother was suppose to pay for her mass in church and her dress. She only payed 80 for the church and 200 for the dress, I had to pay the rest of the money that was left to pay which was 1000 dollars. so she pretty much screwed me over. The dress came with a package of the bible, rosary, album, doll, buque of flowers etc...... I gave her the money to pay, it turns out that she didn't pay it all..... so we didn't receive the porcelain doll which was alone it self 120 dollars. There is alot of things she did wrong, but I don't want to get into any details. On the very day of the party she created a problem and I had to ask her to leave. She got mad and threaten to kill me and my family. Unfortunetly she has not left me alone she constantly harrases and threatens me with phone calls and notes; asking me to pay her all the money she spent on my daughter's sweet 16 or she will send me to court. Today in the morning she left me a voice mail informing me that she will be sending me to court, that her attorney will be stopping by this week to drop of the court papers. She informed me that since I'm a homeowner she will try to take my house away if I don't pay her. What do I do? Can she take my house away? I'm concern? What do I do? If anything she owes me money. I already payed her like 700 dollars which is more than what I owe her, if anything.... she owes me money and she still continues to harras me. I would really appriciate it if someone advises me what to do? I am now putting a restriction order on her and her husband.
sunrayman123
Don't worry. Unless there is a WRITTEN agreement between you two, she has nothing to PROVE. Court is all about EVIDENCE.
If she SAID, then you SAY??? Nobody CARES! If she has a "witness" to such a verbal agreement, then you need on to the CONTRARY.
Call the COPS and get her AWAY from you.
Songbyrd JPA ✡ Jewish Lawyer
Go and get a Restraining order against her. She is not going to sue you unless you owed her a lot. No attorney is going to come by and serve you. You might talk to a lawyer to see what is what.
David
If you have proof then you are fine, but that is complicated. If you have ANY kind of written agreement, it could help you in court. Verbal contracts (agreeing to do something without writing it down) are legal but not for matters of more than $ 500 (in most states). HOWEVER, what she did to you may be covered by what is called promissory estoppel. Promissory estoppel is used where, although there may not otherwise be an enforceable contract, because one party has relied on the promise of the other, it would be unfair not to enforce the agreement.
Since relying on her promise of paying ended up costing you, the courts may order her to fulfill her promise. However, you will still have to prove to some degree that the promise was actually made in the first place (enough witnesses, especially unbiased witnesses, MAY be enough).
In any case, she can't have your home taken away. If she won and the court ordered you to pay her, then you would just pay her the amount. The only way someone could take your home is if you didn't have enough money to pay and your house was the only thing valuable enough to sell to pay the debt. Since the amount is so small, even if you were unable to pay it, the worst she could take would be a couch or old car. But just know that as long as you have enough money to pay a debt there is no way your property can be taken.
Kasey C
No, not for just a few hundred dollars. What nonsense.
On the other hand, sounds like you need Judge Judy or similar to solve this mess.
You got any witnesses or receipt for any of the money you gave her, vs. the money she gave you?
AFAIK, NONE of that money is any sort of a "contract", more of a GIFT. As far as I know, there's no law or contract that says either of you *have* to pay for a Sweet 16 or Debutante or Quincenera or whatever. However, Godmothers usually *do* help out, so you have to demonstrate a pattern. Did she help before? Maybe some OTHER girl? How much did she contribute?
As for the "problem", did any one HEAR the threat against you and your family besides you (and your family)? You need third-party witnesses.
As far as I can tell, unless there's some sort of a LOAN agreement (like you borrow money from her for the Sweet 16), any money godmother spent on her goddaughter is a GIFT, and does NOT need to be repaid by mother or anybody else. So as far as I can tell, she's got a fruitcake for a head. And if any real attorney actually wrote you a letter (and they have to warn you in writing before they sue), you should then talk to the attorney in a really reasonable manner. The attorney will realize she's crazy and drop her as a clientI doubt she has an attorney at all. It's all hot air.
Keep all the messages. Use a separate tape recorder and record ALL the nasty messages and keep all the notes. Make sure you can PROVE it's a note from HER (did she sign it? initial it? do you have sample of her writing?) If there's any OVERT threat, CALL THE POLICE. It's ILLEGAL to make terroristic threats over ANY MEDIUM.
---
Kasey C, PC guru since Apple II days
Artificial Intelligence usually beats real stupidity.
Alekzander C
Do you have reciepts for the things you purchased?If so those would come in handy.Keep ALL notes and voicemails she leaves you,when she calls and you talk to her RECORD her threatening you.Call the police and make record of this,if anything she will get an unlawfuk use of telephone citation and also one for threatening you.Also i would get a restraining order on her.She cannot take away your house,dont worry.....not even the best lawyer could get anything from you on her behalf,all she has is her word.
natasha p
why did you pay her anything? if you dont owe her? what is your problem? did you sign anything with that woman? really, this sounds like bunch of out of space people waisting each other's time. how do you think can she get your house (which is probably mortgaged anyways) for 280 she spent? what are you talking about?
Orignal From: Tips: I need an attorney/lawyers point of view?
Post a Comment