She's going to sue me and I can't pay... argh!
January 30, 2010 11:22 AM Subscribe
I'm being sued in small claims, but I don't have any assets except a car with no brakes. How will she collect the funds? YANAL and/or YANML.
posted by anonymous to Law & Government (28 answers total) 2 users marked this as a favorite
I'm being sued by my hairstylist. Mom was supposed to pay and didn't. The lady has been e-mailing me (because I was dumb enough to respond, as she didn't have evidence until I did), giving my Mom and I several chances to pay or set up a payment plan. This has been going on for two months now, Mom hasn't contacted her and I can't pay because I don't have a bank account, credit card, or job.
She's been threatening to sue both of us the entire time, and is now planning to go through with it if she hasn't been paid $80 by the 5th. She's suing for that + court costs.
I tried explaining my situation to her, but she basically said, "I work at an attorney's office and I know what I'm doing." She also mentioned that her attorney happens to be her boss.
The only one I could borrow it from is already supporting me, and I don't wanna be like, "So... Can I borrow eighty MORE dollars?"
I have a few questions...
1) How is she going to collect the funds?
2) How is this going to negatively impact my future?
3) She e-mailed me two addresses she's sending the summons to. They're both wrong. Should I correct her, or would that be shooting myself in the foot?
4) My Mom, the beautician, and I all live in separate states. How is a court date going to work in the first place (and what if I can't make it, which I can't unless it's in my town?)
5) I was planning to start the job search next week (I just moved here)... should I hold off on that until this court thing goes through because if I do get hired, basically everything I said to her in the e-mail would be some sort of retroactive lie?
6) I never explicitly stated that I'd pay her (my e-mails were all guesses as to why my Mom hadn't contacted her), and I believe there should be a paper trail of her being the sole payer in the past. Will this do me any good, especially since I don't want to turn this whole thing against her?
7) Can she put a lien on and/or take the car?