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  1. #1
    Join Date
    Sep 2011
    Posts
    2

    Default Should I Take It to Small Claims Court

    My question involves small claims court in the state of: texas
    Fam wont give me my appliances still under credit and owed under my name have copies of contract
    I left my appliances at their house since i had no room and they offered to help me pay for them since they were using em in their home.
    Their lawyer said I should be ready to lose cus with proof they have paid some of it off the debt I mean they will nd up with the appliances. (Btw they only made 2 payments one of 150 and one of 20 in a 10 month period of time) and idk how but apparently they have paper wrk stating the appliances and their names
    Is this true? Their Lawyer said I should also be ready to pay his fee the court fee and money for my fam for having to waste their time at court.

  2. #2
    Join Date
    May 2011
    Posts
    638

    Default Re: Should I Take It to Small Claims Court

    Are the payments delinquent on the appliances? In other words, if they've made only two payments in 10 months, have you made the others?

    It appears that people may well be able to bring a lawyer to small claims court in Texas, because the bar association says "most people don't use a lawyer in small claims court." LINK

    Did you sign a contract with them for them to take over the payments, and are they delinquent, or was it verbal and they are delinquent? Or what was the agreement about payments?

  3. #3
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Should I Take It to Small Claims Court

    First, you should read http://www.texasbar.com/Content/Navi...laimsCourt.pdf

    The big question is, in whose name is the purchase agreement for the appliances? If you are legally obligated for them, then you own them. However, small claims can NOT order them returned to you. What you can do though is sue for the amount of money still due under the contract and the amount that you have paid, less any payments they have made. It really makes no difference if you have an agreement with the family members as I am sure you have no legal right to assign the purchase agreement. If the seller agreed to it, then you are out of the picture and have no standing to sue. You should talk to an attorney. And yes, you and they can have an attorney in small claims and the winning party can get an award of attorney fees in certain circumstances, which you would need to research further. Generally, each party is responsible for their own attorney fees, with some exceptions. Also, unless you owe money under the purchase agreement, you would have a hard time proving damages.

    And again, the court can NOT order the appliances returned to you, it can only order monetary damages.

    Personally I could care less about Texas or its laws. Here in Florida though, failure to pay or return property to a Rent to Own Store is a Felony. You should check Texas law if your purchase was rent to own rather than a regular credit purchase.

  4. #4
    Join Date
    Sep 2011
    Posts
    2

    Default Re: Should I Take It to Small Claims Court

    Yes. Its a delinquent account now I was even told they would send it to the credit dept and they were gonn take me to court (they wanted to scare me) but I'm sure they can. I havent made any payments as I was adviced not to since they aren't under my possession.
    There was no signed agreement it was my fam. Thought id be safe so it was more of a verbal.That happened after "they broke in" to ther house and I had to replace the tvs since they had insurance and they(my fam) asked if I could get bigger ones that's when they agreed to help me pay for them. Again it was all verbal so nothing signed and its delinquent.
    I was also told that if I took it to court they will say it was a gift.That that's why I left em in their house and they said when you gift something (which is not what I did) but they said the court usally takes that side and th court doesn't care if you still owe them or how you are paying for them.Also I think they faked paper work where it states that those tvs belong to them.Even though the store has papers saying hey are mine ad the whole debt is under my name.
    Is that possible? That there is still a 4 to 5 thousand debt and someone still has to pay for them and are under credit. Then for them to lie to the judge and say there were given as gifts? And I would end up having to pay for them and losing the whole thing?

  5. #5
    Join Date
    May 2011
    Posts
    638

    Default Re: Should I Take It to Small Claims Court

    It's hard to tell from here. First, you owe the money to a creditor and you will be getting a collection filed against you if you haven't already. The creditor doesn't care about any private deal you made later with you family. I'd get those payments caught up and keep making them.

    If they are willing to hire a lawyer, it will be cheaper for you to pay off the appliances than to pay a lawyer to fight them, and you might not win because it's your word against theirs.

    If my family did that to me, I'd no longer have a family or appliances. I'd sure pay off my debts. You do whatever is best in your mind. Fight them in court or pay for the appliances. Even if you go to court you might lose and wind up having to pay for the appliances and your lawyer, since they are willing to lie. You still need to catch up those payments since they are in your name. I'm surprised you haven't been sued by the lender for the appliances, or maybe you have and didn't mention it.

    Sometimes it's best to take your lumps and minimize your losses. The choice is yours.

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