Can Somebody Make You Pay for an Item They Bought For You

[Ted Moxon]

My question involves small claims court in the state of: Pennsylvania

My story begins with an old friend of mine purchasing me a laptop. I was unemployed at the time and we did not set any type of repayment date or any kind of repayment at all. He claims to have video with audio of me agreeing to repay him. My question is, is that tape admissible in court as evidence? I was not made aware that there was any type of recording device in the room. I also saved a voicemail that he left threatening me and telling me that "no one hangs up on him" and I better hope that he doesn't catch me on the street.

He has a history of violence and a documented history of arrest for resisting arrest and assault.

Do I have anything to worry about if this goes to court?

[Mr. Knowitall]

You knew you were borrowing the money and that you would have to pay it back. What makes you think you now have the right to keep the computer for free.

[Ted Moxon]

I was under the impression it was a gift. He never made any mention about having to pay him back for it. I did not speak to him for about a month, then out of the blue he called me saying i owe him money and he needs it now because he had to have surgery done.

[Mr. Knowitall]

Well, you are free to tell the small claims court that you thought your friend was simply being exceedingly generous.

[TV-Tastic]

I'm sorry, but I don't see a contract, here, nor do I see how the friend would have a reasonable expectation of being paid by a guy with no job.

He's probably just blowing smoke about the recording but it's a third degree felony to record without the consent of all parties in Pennsylvania so I'd have to say that it's inadmissible.

[Mr. Knowitall]

I'm sorry, but I don't see a contract, here, nor do I see how the friend would have a reasonable expectation of being paid by a guy with no job.

If you agree to pay somebody back when they buy something for you, and they do exactly that, that's an agreement. Even if you're unemployed.

[TV-Tastic]

Uh... no. Re-read the OP and the subsequent response. He makes it very clear that he never agreed to pay him for the laptop.

My story begins with an old friend of mine purchasing me a laptop. I was unemployed at the time and we did not set any type of repayment date or any kind of repayment at all.

I was under the impression it was a gift. He never made any mention about having to pay him back for it.

No contract there.

[Mr. Knowitall]

I realize you get all of your information from TV instead of law books, but (a) the OP also is afraid that he's on tape agreeing to pay for the computer and (b) as the person who bought the computer insists it was a loan the OP's denial does not resolve the question - a small claims judge will hear both sides and, frankly, even before considering the possibility of a recording the OP's version is not credible. "I was under the impression it was a gift" - yeah, right. You never know what a small claims judge will do, but this is a long way from an easy case for the OP.

Your position that "there's no contract because the guy who got the free computer says he had the impression he was getting a gift, and didn't ask to be certain," is cute, but as legal analysis goes it's beyond weak.

[TV-Tastic]

I realize you get all of your information from TV instead of law books, but (a) the OP also is afraid that he's on tape agreeing to pay for the computer and (b) as the person who bought the computer insists it was a loan the OP's denial does not resolve the question - a small claims judge will hear both sides and, frankly, even before considering the possibility of a recording the OP's version is not credible. "I was under the impression it was a gift" - yeah, right. You never know what a small claims judge will do, but this is a long way from an easy case for the OP.

Your position that "there's no contract because the guy who got the free computer says he had the impression he was getting a gift, and didn't ask to be certain," is cute, but as legal analysis goes it's beyond weak.

Whoa... settle down, there, tiger.

I'm not really sure why you feel the need to attack me personally, but I'll take the Pepsi Challenge with you over credentials any day of the week. It's quite obvious that I've got a lot more of a legal educational background than you do. What are your qualifications, exactly? Because I notice in your profile, you don't mention them.

My position is that there is no contract because in his own words there was no offer and no acceptance (ergo, no mutual assent), no consideration and no terms... that's chapter one of Contracts 201, I remember it distinctly... how about you? His opening line is that his story begins with his friend purchasing him a laptop, not that he asked his friend to buy him a laptop and he promised to pay him back, not that his friend bought him a laptop and they made a deal about repayment. In fact, he's specific about there being no discussion about repayment whatsoever. Not once does he state that he agreed to pay him for the laptop. That's a gift, Nancy Grace. There is no contract, express or implied. Sorry, but unlike you, I don't speculate and I can only make an assessment based on the facts he's provided.

He can admit to the Kennedy assassination on the tape, it's not admissible (nor did he suggest that even with his friend making him aware of the recording after-the-fact, that he acknowledged/admitted there was an agreement, hence, why I suggested the friend was blowing smoke). The guy recording it (if he actually did record it, which I doubt) committed a felony by recording it without his consent. 'Clean hands' mean anything to you?

As far as the expectation of repayment is concerned, that's just gravy on top of the fact that there's no contract to begin with which is really the only issue, here. It simply goes to further support his contention that he never agreed to pay for the laptop to begin with (let me know if I have to explain why).

I know these legal terms I'm throwing at you are confusing, but Google them and see what comes up. Hell, if you want to do some in-depth research, I'll even provide you my Westlaw and Lexis passwords. Would that be helpful?

Oh, BTW, I have my Bachelor's in Paralegal Studies, graduated high honors with a 3.83 GPA and I'm also a Certified Paralegal with specializations in Legal Research, Legal Writing and Contract Preparation. That's right, I actually write contracts professionally. So here's the thing: since I know that you obviously aren't an attorney, there's no way in H-E-Double-Hockey-Sticks that your credentials are better than mine. Do you want to just put your professional portfolio up against mine and see who comes out on top or would you prefer we just post pictures of our cranks to see who's is bigger?

All that being said, please try to address me with a little less unwarranted condescension, next time. I'd appreciate it.

[Dogmatique]

You failed the qualifications battle, tiger.

Jes' sayin'. You might want to edit your post while you have time before you make yourself look like a complete prune.