Going To Small Claims

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cadguy2

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Dear Sir or Madam:

I have gone to Small Claims Court here in Cumberland County, NC and filed papers against a person who owes me a small amount of money for some carpentry and painting work I did at her residence.

This is going to sound strange, but the reason I decided to take her to court is due to the fact that she took half the money she owes me for the first phase of the project which is $30.00, and paid-off a debt for some items she let a friend of mine, and her neighbor, have on consignment. "She did this without my consent, knowledge, or permission."

What he and she have going is their business not mine! If he owes her money then she needs to get it from him, not out of money that she owes me. When I asked her about this, she told me that he can pay me the $15.00 when he gets paid. I could not believe it! Have you ever heard of anyone doing this to someone?

The next question I have is this. Yesterday evening I called this lady to let her know that I took papers out on her. I wanted to give her the opportunity to pay me what she owes me and avoid going to court. Well, the minute I said hi this is Don, she hung-up on me! I tried to call her back several times, but the line was busy. Seeing that I was at my friends house, I decided to walk over and try and to talk with her. I wanted to let her know that I took out papers, and if she would just pay me, I'll drop the charges and we can go our separate ways. Well, she refused to talk with me. My friend and I decided to drive to the store, when next thing we know, a police officer is pulling us over! The officer said the woman called claiming I was harassing her. I know you probably know the what the term harassment means far greater than I do, but here is what Encyclopedia Wikipedia's term for harassment is:

Harassment refers to a wide spectrum of offensive behavior. The term commonly refers to behavior intended to disturbing, and, when the term is used in a legal sense, it refers to behaviors which are found threatening or disturbing.

When is wanting to calmly sit down and talk about something with someone harassment? After she refused to talk with me, I left peacefully! Now I'm wondering if her calling the police and having me and my friend detained is harassing me? Although he let me go after I showed him the court summons I wanted to show her before the Sheriff brings it to her, I did not do anything wrong to begin with. Who's harassing who?

I am trying to prepare myself for court on 27 Oct 08. I have written a pretty lengthy statement of the events leading up to this summons. I am wondering if I should get my document notarized and give it to the Judge when in court, or just read it out loud. It will probably take several minutes to deliver. Also, I have a signed statement from my friend, stating the fact that this lady resolved his debt to her, by using money she owed me. Is this statement submissable in court, and if so, do I need it notarized also?

I apologize for such a lengthy letter, but you need to know the facts. I contacted a local Attorney who suggested that I go to court on my own. They charge $250.00 an hour! The total amount of this suit is a measly $80.00! "I just want what she owes me, nothing more!"

Thanks for your help and advice.

Don Kaminska
cadguy2@hotmail.com
 
In absence of any agreement with you that she could pay money to your friend in satisfaction of her debt to you, she owes you the full amount. You're correct, her arrangement with your friend has nothing to do with you.

You probably don't need your friend's statement at all. What she did with the money is beside the point. All you need is to show that you haven't been paid by her.

Forget about harrassment - neither of you has harassed the other.
 
Thanks for taking time to answer my question. I hate knowing it has come to this, I have tried to be understanding and nice with this person. Taking my money to pay off someone elses debt to her, well, that is the last straw!

Thanks again dee_dub.
 
Cadguy2 - what seems to be missing on the response posting is that is going to cost you more to file the small claims suit than if you had just let go of the issue. The cost to file will be approximately $100, plus your time, and other costs associated to getting to court. Your suit if for $80 dollars. Do you really want to do that? You can ask the judge to award you court costs but there is no guarantee that s/he will grant it. I hope it is really worth it to you. Good luck!
 
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