[kanicky73]

I had a friend who used to babysit for me. Because we were friends she would not allow me to pay her more than what we both considered was fair for her services. She knew my financial situation was not the best and we both agreed that I would giver her what I could. I often took her out to lunch, and did several other things for her to show my appreciation. Things went well for a while and when our friendship started to fizzle, she got nasty.She sent me an email on a Thursday saying I owed her $250 by Monday or I needed to find another sitter. When I asked her what the amount was for she stated that since I no longer wanted to be her friend she was going to back date and charge me what she charges all her other "non friends". Needless to say I deemed this ludicrous and found services elsewhere. I then got served with papers that she was taking me to court. I had a witness to a conversation that there was no set amount that I paid her for babysitting. My witness backed out on me the day of court, therefore she won her case by what the judge called, some statute of reasonable fees for services rendered. Shortly after the court date she served me again stating that I had not filled out the financial disclosure statement. I never got one! When I called the court they told me the address they sent it to, which was my old address. I immediately had them fax me one and I filled it out and mailed a copy via fed ex to both her and the court. I have not heard anything since. My question is, this is absolutely ridiculous that now you can start taking people to court for not being your friend. I don't know what to do about this, I know she can't garnish my wages because my disposable income is below the poverty guidelines. But is there anything I can do about this? I don't have the money to pay her and even if I did I wouldn't pay it anyway. She knows what are agreement was and has chosen to be nasty about it all. I want this thing gone and don't know if there are any loop holes that I can find to get this thing gone. Any suggestions would be greatly appreciated. Thank you.

[Fr_Chuck]

First where are you at, and who ever told you they can't garnish your wages if you are under a certain level. I have people here making 5.50 a hour working 30 hours a week and they get garnished right along with all the other people. So I would double check that for your state, but I believe you can be garnished and your bank account attached (garnished) and it is not your disposable income, that is garnished it is your entire income.

And she is sueing you because you did business with a friend, and did not have a written agreement, and was being nice , instead of doing business.
( sorry but from a legal stand point you left yourself open to be sued.

So my suggestion, pay her off and learn a life lesson

[s_cianci]

I don't think you have a way out. The judge rendered his/her ruling so now you're bound by it. The financial disclosure form can show hardship if your income is as low as you've suggested. If you end up back in court you can ask the judge to establish some sort of installment arrangement by which to pay what you've been ordered, say $25 per month or something. The data on your financial disclosure statement should suggest a reasonable figure.

[kanicky73]

Fr_Chuck, In the state of WI where I live, if your disposable income is below a certain amount they can not garnish your wages. I was told that directly by the court. I found your comment a little harsh. What ever happened to the goodness in people. I did so much for this girl. I even paid her electric bill once because she didn't have the money. I barely had it to help her but I did it out of the kindness of my heart. I did a lot of other things for her too. We both had money problems and as friends decided to help each other out. She told me in the beginning that she didn't feel right taking money from me when she only watched my daughter for a couple hours after school each day. I told her I didn't feel right not paying her, so that is when we made the verbal agreement that I would give her what I could and help out in other ways as well. How was I to know that she was going to get nasty about it because I wasn't spending every spare moment with her. My point was I think it is terrible that people waste the courts time with ridiculous things like this when there are many more important issues,like fathers not paying child support. I guess what I am saying is "learn a life's lesson?" What lesson is that, don't be nice to people anymore because it may turn around to bit you in the butt?

[Megg]

I agree Knicky73 I think that if she was truly your friend she wouldn't have done what she's done. That's just rude and ignorant. I suggest, making a new friend. Some people seem like awesome people, but in the end they are not. I'm sorry about your problem though, I know what it feels like to do for other's even when it's hard in the first place. Good luck and keep posting!

[mr.yet]

If your wages cannot not be garnished, than she will have to find another way to get it from you. Having a judgment is one thing, collecting on it is another.

If you don't want to paid it make her work to collect it.

[ScottGem]

I'll add my 2 cents in here. People are vindictive. Your friendship went sour, so sour that she wanted to strike back at you and her way to do so was to sue for unpaid fees. Since you couldn't prove that she had offered to provide services out of friendship, the judge agreed that she was entitiled to a reasonable compensation for her services.

Second, I'm not sure whether you were required to complete a financial disclosure. Unless the judge specifically ordered you to do so, you don't have to help her collect from you. Its up to her to find your assets that she can attach.

At this point I wouldn't do anything. Until she finds and attaches any assets, just leave it alone.

[kanicky73]

Thanks ScottGem. Yes unfortunately I was required to fill out the Financial Disclosure even though no one said anything about it that day in court. I found out when there was a police officer standing at my door with papers saying I was in contempt for not filling one out. But I handled that immediately! I was rather disturbed by the information they asked for on this disclosure though, they wanted my social security number, bank account number etc. I did not put any of that down. I left it blank. There is no way in heck I am giving her that info. I have pretty much figured that I am just going to leave it alone like you said and see what she does next. I was just hoping that there was some way to have it removed from my credit. I was told that if I got it removed, she would have to file something with the court to get it back on there, that is if she was aware it was removed. She would have to keep filing it to have it put back on there.

[ScottGem]

You can't get it removed. The judgement happened and it's a matter of record. The only way to remove it is to satisfy it by paying it.

[kanicky73]

Crap! :-(

[excon]

Hello again, kanicky:

"Removed" from where? It's a public record at the courthouse, so it isn't going to get "removed" from there. But, "removed" from your credit report is a distinct possibility - and that's where it counts anyway.

No, you probably can't get it off, but you might. If you challenge any negative remark on your credit report, the credit bureaus are required to re-investigate the remark. If they can't verify it within 30 days, it must be removed.

It only got there because one of their employees found it while rifling through all the days court proceedings. Yes, it's all done by hand, by minimum wage employees. It's very possible that they won't find it the next time they are required to look. If they do, OK, challenge it again in 6 months, and then in another 6 months if that didn't work.

What? Did you think it would be easy?

excon

[kanicky73]

I knew that if I challenged it that they would have to look into it. Unfortunately, having had worked at a collection agency, I do know that the credit bureau sends the request for verficiation of it within the specified time. It's the creditors that take their time getting to it. And in this case, this girl has nothing better to do with her time, so the day she gets the letter asking her to verify it, you can damn well believe that she will.. It was a good suggestion though, and I might try it, but don't want to call attention to the fact that I am trying to get it erased from my credit if you know what I mean.

[excon]

Hello again:

Yes, that's how they verify debts. Judgments, however are verified at the courthouse. Besides, the only people who are going to know you're trying to have it removed are you and the credit bureaus - and they don't care. She's not going to know.

excon

[kanicky73]

Then maybe I will try it. Thanks!