Ex Boyfriend threatening to sue for car repairs

[Dog Mom]

Jurisdiction

Colorado

A friend's ex boyfriend is threatening to sue for $380 for car repairs made while they were still together. She did not ask him to, nor authorize him to repair the car. He was not a skilled mechanic and misdiagnosed what the issue really was. He harassed her until she finally agreed (in an email) to make payments. She made a few payments, then was advised (not sure by whom) to stop making payments because he had no legal right to ask for the money back. She is concerned about having to take time off to appear in court, and doesn't have the full amount to just pay him and make him go away. She is worried that the email saying she would make the payments will make a small claims judge rule in his favor, and doesn't know what her next steps should be.

 

[army judge]

A friend's ex boyfriend is threatening to sue for $380 for car repairs made while they were still together. She did not ask him to, nor authorize him to repair the car. He was not a skilled mechanic and misdiagnosed what the issue really was. He harassed her until she finally agreed (in an email) to make payments. She made a few payments, then was advised (not sure by whom) to stop making payments because he had no legal right to ask for the money back. She is concerned about having to take time off to appear in court, and doesn't have the full amount to just pay him and make him go away. She is worried that the email saying she would make the payments will make a small claims judge rule in his favor, and doesn't know what her next steps should be.

If the threat of a lawsuit bothers her, advise her to pay.

If the threat of a lawsuit doesn't bother her, advise her to ignore him.

If he sues, he has to prove she agreed to pay him BEFORE he began the repairs.

If he presents a text on his phone, he has to PROVE it cam from her, if she knows how to assert such a defense.

Frankly, she received value from the work.

The honest thing to do, which is NOT always the legal thing to do, is pay him in full.

Then she need not fear a lawsuit, even if he were to bring one.

Why people squabble over insignificant amounts of money continues to baffle me.

 

[Dog Mom]

If the threat of a lawsuit bothers her, advise her to pay.

If the threat of a lawsuit doesn't bother her, advise her to ignore him.

If he sues, he has to prove she agreed to pay him BEFORE he began the repairs.

If he presents a text on his phone, he has to PROVE it cam from her, if she knows how to assert such a defense.

Frankly, she received value from the work.

The honest thing to do, which is NOT always the legal thing to do, is pay him in full.

Then she need not fear a lawsuit, even if he were to bring one.

Why people squabble over insignificant amounts of money continues to baffle me.

I agree, I did advise her to just pay him and be done with the whole situation. Thank you for your response.

 

[army judge]

I agree, I did advise her to just pay him and be done with the whole situation. Thank you for your response.

Make sure she notes on the check, payment in full for car repairs, and asks him to give her a signed receipt.

 

[adjusterjack]

Why people squabble over insignificant amounts of money continues to baffle me.

Especially the boyfriend/girlfriend money stuff. When will they ever learn?

 

[zddoodah]

She . . . doesn't know what her next steps should be.

Simple. Ignore the threats. Threats are easy. Actually suing is less so. If he sues, she can deal with it then based on all the things you mentioned in your post. As for the impact of the note you mentioned, I'd have to read it first. Of course, the amount at issue is crazy small, and maybe everyone would be better off simply splitting the difference and going their separate ways.

 

[mightymoose]

Before paying anything I would want an invoice detailing what it is I am paying for.
Since there was no agreement before the repairs were made there should be room for negotiation. She does not necessarily have to meet his demands.
If she doesn't have the money to pay then it's a moot issue anyway.
She doesn't have to pay anything unless the court orders it... And in my experience most people fail to follow through on threats to sue either because they are full of crap, or because they are too overwhelmed by the process.

 

[army judge]

She doesn't have to pay anything unless the court orders it

Even a court order doesn't require someone to cough up the the amount of the judgment.

The court doesn't care if the debt is ever paid, because the judgment holder paid to file the case, unless the defendant cross claimed, which means the defendant paid nothing.

Collecting on any judgment is up to the judgment holder, which often requires him/her to shell out more loot, often in vain.

 

[txls]

People threaten to sue all the time. Rarely happens.