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  1. #1
    Join Date
    Mar 2011
    Posts
    1

    Default Sold House Cleaner a New Phone - and She Disappeared Before Paying for It

    My question involves collection proceedings in the State of: Texas.

    A young woman who has cleaned our house for several years also began taking care of my mother-in-law weekdays in the fall. In December, she asked to buy a new cell phone I'd just purchased and decided to not to use myself (I was going to sell it on eBay). I felt that we knew her well enough, she had always been honest, and we always saw her, so I was comfortable with letting her clean in exchange for it. I sold her the phone, a charging stand and cord for the price I'd paid for it, excluding shipping. Shortly thereafter, her husband dumped her, leaving her with nowhere to live and very little income. She moved to a friend's, and I suggested she hold off repaying me for a while until she got on her feet. She also needed a dog crate for her dog so she wouldn't have to take it to the pound, so I paid for that, too. I lent her a nice dog jacket as well.

    A few weeks later, she disappeared. I think she's back with her ex (I saw them in the driveway one day), but I have no way to contact her. When they split, he moved out of the house they rented and took her off his cell phone plan. She got a new number but doesn't answer it or the old number. I don't know where they live now nor the name of the friend she was staying with. I even got a bill for the last of their water bill at their old address delivered to my house.

    How can I sue her in small claims court if I don't know where she is living? I might be able to find the trucking company her husband works for (I dropped her off there a few times); would he be legally liable for her debt if they are still married?

    She owes me:
    $335 new phone
    35 charging stand
    50 dog crate
    25 fleece dog jacket (thought I'd prefer to just get it back)

    $440

    It's not a fortune, but I feel so betrayed by her.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Sold House Cleaner a New Phone - and She Disappeared Before Paying for It

    You will either have to find her, have your process server find her, or convince the court to permit substituted service. Her husband didn't take your phone, so he's not liable.

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