My question involves small claims court in the state of: Georgia
I was employed at a Entertainment, Party company that sold Jukeboxes, Pool Tables, Arcade style games, dart boards, etc. On August 21, 2011 a regular customer came into the stole to inquire about a custom pool table. She was purchasing it for her husband for their anniversary.
The pool table she wanted would have been customized and shipped by September 15,2011. Unfortunately she was going on a cruise from the 13th to the 20th of September. I asked my boss if I could have the item shipped to my house, seeing she was a regular customer that I knew from the 6 years I worked for the company. My boss agreed to allow the delivery to come to my house, but I had to make the purchase.
The lady and I agreed for her to give me $5,000 cash, and I would put the money in the bank and use my debit card for the purchase. I had delivered other merchandise to her residents in the past, so I knew where she lived. We exchanged phone numbers, and she left.
I called her the next day, and we met at the store. I gave her a copy of the receipt, complete with order # and delivery date.
On September 11, 2011 my boss approached me and informed me of some terrible news. My father suffered a massive heart attack, and was in ICU in Ohio. I left work, went home, booked a flight and left for Cleveland.
My father was in the hospital until February 10, 2012...he suffered 3 mini strokes, full cardiac arrest, his liver and kidneys shut down. He passed away on the 10th. I did not leave Ohio til February 23, 2012 to return to work.
When I got back to work, I was told that the lady had filed a lawsuit against the company & me for her pool table. I called the lady and informed her of the situation, and tried to apologize. I even told her that I would refund the money, and the store offered her a $500.00 gift card. She declined both.
On June 12, 2012 at approximately 1:10am I received a phone call from the lady's husband. He informed me that he & her are both lawyers and that I was being sued and they were pressing theft charges against me. I told him to call me at a reasonable time, and that I was more than willing to re-imburse the money. He kept asking question after question about how much i spent for the airline ticket, hotel expenses, etc. I hung up on him 3 times. I did a quick search of the phone number, and it was his business line, it clearly shows it on his website. He and her are Personal Injury Attorneys.
Questions; Since they want to go to court, will I have to pay them all the money at once, or set up payment plans? Can I do anything legally about him calling that late at night? Is there set time limits when a lawyer can call (9am-5pm)? Can I really be arrested for theft?