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Everything posted by kdenton65

  1. I know you're right. All of you are right. I talked to my daughter and she definitely wants to sue. So we are going first thing tomorrow to file. Thank all of you for your insight. You have all been very helpful.
  2. Thank you very much for your advice. You have been very helpful to me and not been rude - which is more than I can say for RetiredinVA.
  3. Actually I did give it to her when I bought it. She even went to Best Buy with me to pick out what she wanted. She was starting a new job and needed a laptop, so I told her I would charge it on my credit card and she could just pay me back when she started getting paid. A little over a week later, it became clear to her that the woman who hired her as her personal assistant was mentally unstable and was lying to her about being able to pay her the salary she was promised. So she left and took the laptop with her and she moved back home for a while. But a short time later she went back to her ex-boyfriend and moved in with him. It was there that she had no internet so she left the laptop with me. I did not ask her before I loaned the laptop to this woman, and she was not happy with me when she found out I had loaned it out. When she messaged the woman and demanded her laptop back, she refused and that's where my original post started.
  4. I had a bit of an epiphany this morning. I bought that laptop FOR MY DAUGHTER. It is HER laptop, and she never entered into any verbal contract with this woman. Now, can she demand her laptop back immediately or sue? Do you think she should demand the laptop back or the money that was paid for it?
  5. So even though one of the conditions have been met, she can claim that one condition and be able to keep it until she moves. And if she moves to California with my laptop there isn't a d--- thing I can do about it because she's in another state. This is our justice system? I understand why people take the law into their own hands.
  6. OK I hear you and I will take your advice. But what does "get off the dime" mean? Also I want you to read an excerpt from the email she sent me and tell me your thoughts.Here it is: "As I said You will have a new laptop alas I wont be bullied and I will not be extorted either! This email will be used as evidence in the event this goes to court.. As I told Megan this laptop was given to me to use until I moved back to Cali in May, If I did then I could either give the laptop back or pay you for it.. We had a verbal agreement I have consulted an attorney on this matter and verbal agreements are considered the same as a contract in the state of Texas, and Megan's omission of this was "loaned" is more than enough for a judge to rule in my favor. that this was all over her being pissed I told you about her fake illness.. Thus with that being said I shall forewarn that all emails and messenger messages will be used as evidence.. I will be in touch. Good luck to you all" The condition that she could keep it until June was just one of the conditions I gave to her that day, as I stated in my first post. Does she have a leg to stand on as she seems to think? I'm sorry about all the "what ifs," but I am living on Social Security Disability and it's not a lot of money. I can't afford to waste $128 in court fees if I'm not relatively sure I'll win the case and get the money back (from her.) Just one more question. Would you advise against me sending her one more email telling her my demands and warning her that I will take her to court?
  7. Thank you for your replies. I have a few more questions. I have recently gotten in touch with the woman who has my laptop. She wrote me a very insulting email, and in it she claimed that by law she could keep my laptop as long as she wanted because I had loaned it to her, and had been advised that if it went to court, the judge would rule in her favor because I had willingly loaned it to her. I replied and tried to reason with her, but she wrote back with more personal insults and told me not to write back and not to contact her or she would use the emails as evidence of harassment. She told me she would not give the laptop back because it had her personal information on it, but would purchase a new one in the next few days to give to me. I answered back and told her to make sure it was of equal value. She answered and told me to stop harassing her. I guess she intends to try to use that in court against me if it comes down to a lawsuit. I haven't written her again, but I also haven't gotten a new laptop. That was just over a week ago. I thought I would give her one more week, and if I haven't heard from her I would send a Letter of Demand by certified mail giving her 14 days to compensate me or I will file a suit. I figure she probably won't sign for the letter and never read it. My questions are: What happens if the judge rules in my favor and she doesn't compensate me before she moves to California in June? What if the court date is set for a time after her move to California in June? I assume that once she leaves the state there is nothing further that can be done is there? What if she buys an inferior laptop to replace the one she took? What if she counter-sues for harassment? Can she do that even though I haven't actually been harassing her? I mean, if I were a bill collector trying to recover payment for services or merchandise and calling her every day, that wouldn't be considered harassment would it? I apologize for the barrage of questions, but I've never had to deal with this kind of thing before and know nothing about it. Thank you in advance for any help.
  8. I made friends with a woman just last year. She was in bad financial shape and I would help her out with certain things if I could. I bought a new laptop for my daughter, but she wasn't able to put it to use because she lived in a house with no internet access. Since I was making monthly payments on it and it was just sitting in my house unused, I let my friend borrow it because she could really use it. I told her I would let her borrow it until - 1)She was able to purchase one of her own, or 2)She would return it before she moved back to California in June 2017, or 3)My daughter was able to use it and wanted it back. My daughter contacted her last Friday and told her she was coming to her house to get her laptop. The woman told her that I gave her the laptop as a gift and not to come there or she would have her arrested. I went with her to the house and was met with her sister who refused to let us collect the laptop and told us to leave before she called the police. She even threatened to shoot my 5 months pregnant daughter if she did not leave. I tried to talk calmly and sensibly to the sister, and was told that the laptop was in storage and we agreed that I would retrieve it the next day. I tried to get in touch with my "friend" about coming out and getting the laptop and we could be done with it. I received no reply. I contacted her son and asked him to talk to his mom about coming to collect, but he didn't return my message. I did a device search of the computer and it reported that the laptop had been online just 1 hour before and it showed the location on a map. The location was her sister's house. I sent her an email telling her I knew she had the laptop in her possession and had been used that morning, and I included a screenshot of the location finder and the information it gave. I told her again to return my laptop - the time for civility had passed. Still no reply. I wanted to report it as stolen to the sheriff's office, and was told I couldn't because I had willfully loaned it to her. Now I guess my only alternative is to file a civil suit. What I want to know is what are my rights in this situation? Will taking it to court do any good or am I spending more money in court fees on top of the money I am out on the computer?
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