[Heathr6913]

I live in Indiana. My friend bought a computer for me on her credit card. She is now taking me to small claims court for it. She asked me a week ago to give the computer back to her and I agreed, but we never set a day/time to do it. She's sueing me for to return the computer and court costs, and breach of verbal agreement. If we never set a certain amount to pay on the computer then that isn't even a verbal agreement is it? If she didn't tell me how much to pay her then how was I supposed to know? Can she sue me for court costs even though I agreed to give her computer back to her out of court? Also, she lived with me for 4 months and never paid any rent/bills. She owes about 900 dollars to me for that. Should I countersue? Why should I pay someone money if they owe me money? It doesn't work like that, I wouldnt think.

Please give me any advice on this issue that you can. Or if you need any other details please let me know. Thanks

[Mr. Knowitall]

If she bought the computer for you with the understanding that you would pay her back, either pay her back or return the computer. If she owes you money and won't pay, you would be within your rights to ask her for a setoff against what you owe, or to file a counterclaim.

[Heathr6913]

thanks..shes already taking me to small claims court though, there's a date so now I have to wait to return the computer, correct? If i agreed to return the computer without being taken to court then if she takes me to court am i going to have to pay court costs? She hasn't asked me for any money at all. I haven't heard from her in 6 months. Her mom called my husband and her mom has nothing to do with any of this.

[Mr. Knowitall]

If you wish, you can ask if she will agree to dismiss her case if you give her the computer. If she agrees, write up a short document reciting the agreement, have both of you sign and date it, and each take a copy. But check to make sure the case is actually dismissed before you opt not to attend a court date.