I NEED LEGAL ADVICE, I'M PREGNANT & STRESSING OUT DUE TO SMALL CLAIMS ISSUE?
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I NEED LEGAL ADVICE, I'M PREGNANT & STRESSING OUT DUE TO SMALL CLAIMS ISSUE?
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This is in the state of MA.
My friend called me last year June that she needed a place to stay for a while until she gets on her feet. I stupidly agreed to let her stay with me for a while, She moved in late july. She told me that she's only bringing a luggage with her nothing else but to my greatest surprise she brought her two couches, 60" inch TV, her boyfriend and her dog along with her, I couldn't say no to her because i thought she was my friend and my house was big enough for her stuff. She kept everything for use in my living room. I left for the weekend and came back on sunday with some of my friends and i noticed the house was not tidy and smelling of dog **** and urine, I was so mad i called her on the phone to tell her that the house really stinks she got offended and told me that I needed to buy cleaning agent so she could clean after her dog I was so mad at her for saying that so she told me she isn't coming back and i didn't beg her to stay either. well i didn't hear from her for over two months and she wasn't talking to me but in the beginning of setember her boyfriend contacted me that he wanted to pick up his school stuff we made up a time and he came to pick it up (her and her boyfriend weren't in good terms) anyways my house was broken into in the middle of october and they took her Tv and i called her after I called the police to file a report to let her know about the theft in my house she told me that i should claim it under my insurance and i told her my insurance only covers my own property not hers then she got really defensive and she started saying that i never let her come pick up her stuff and i always gave excuses whenever she wanted to come pick up her stuff therefore she was going to sue me if I don't pay the full price well it took her another two months to come pick up her couches, she finally came at the end of december to pick up her couches she left then later sent me a text message saying that her couches were damaged with red markers on it i told her that i didn't see any damage on the couch and she failed to show me before she took it out. Anyways now i just got a small claims court order filed by her saying that i held her property for over two months and refused to release it after numerous attempt to get it out, and that she wanted me to pay the full price of her TV and pay for her supposed damaged couch. she lied on the small claims statement. I never had any comunication with her before her Tv was stolen and now she knows I am not paying a dime for it she coming up with this ridiculous stories. What can i do here? Am I legally responsible for her stolen Tv and since i never threw her stuff away because she had no where else to store them.
In between
I felt sorry for her and said i would call my renters insurance to claim the theft but it was denied because the property wasn't mine and they won't cover it. I then offered to help her pay for the TV that is provide half of payment and she provide the other half, she refused and told me i should pay the full price of the Tv which i certainly can't do.Then she started accusing me of stealing her TV and I heard that I refused to pay her a dime because she falsely accused me of stealing. I am currently 5 months pregnant with my first child and this girl is just making my life miserable day by day. I also have emails and text messages from her confirming all this.
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Skitzee2k
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She has to prove that she tried to contact you...you accepting liability for half the TV will not help you though. |
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editor@bcdisabilities.com
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I think if you actually revisit your insurance contract, you'll find it covers household contents period, including hers. By admitting it into your home, you entered a bailment relationship http://en.wikipedia.org/wiki/Bailment, so you have some obligations with respect to her stuff. Certainly the small claims judge will ask whether the insurance contract covers the items stolen. Obtain confirmation from insurer. If so, they'll cover it tho you'll no doubt end up paying a higher premium later. This will help cement the life lesson, which is this: NEVER ever live with anyone but family. Period. If ins won't cover it, you'll have to duke it out in court until you reach a settlement that satisfies neither of you, again, to help cement the life lesson. Your pregnancy, I'm afraid, is immaterial to the facts in our culture of misogyny. Whelping confers no special treatment or sympathy, strangely. I wouldn't mention it in court. |
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Alan G
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You do not have what's called a bailor/bailee relationship with her. That means there's at least an implied contract where someone is paid for a service and agrees to take care of your property (like when you drop off clothes at the dry cleaners). I assume she paid you no rent, but even if she did it will make no difference.
Unless she can show you are at fault for the burglary, you have no liability. Let her sue if she wants to. Just show up in court and tell your story. If there's a record of the police notification, bring it. In most jurisdictions, an offer to settle a disputed claim is deemed irrelevant. She'll mention it, but the judge should ignore it.
Good luck with your baby.
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