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    dmmrg's Avatar
    dmmrg Posts: 3, Reputation: 1
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    #1

    Feb 2, 2011, 07:48 PM
    Small claims bedroom sets/verbal contract
    About 2 1/2 years ago my mother asked me if I wanted my grandmothers bedroom sets. I told her yes but I had no money to purchase them with. She had them delivered a few weeks later. She said pay me when you can. Now I have received a summons to appear for trial for refusal to fulfil an oral obligation.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Feb 2, 2011, 07:50 PM

    So why over 2 1/2 years have you not paid her for them.

    You appear to have agreed to "pay her when you could"

    Also what else is going on, between you and your mom, something else must have sparked this action now??
    dmmrg's Avatar
    dmmrg Posts: 3, Reputation: 1
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    #3

    Feb 2, 2011, 07:55 PM
    I don't have the money to pay for them. AND I told her I had no money to purchase them. She called me about 30 minutes before they were delivered to my home. I didn't ever agree to buy them.
    dmmrg's Avatar
    dmmrg Posts: 3, Reputation: 1
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    #4

    Feb 2, 2011, 08:02 PM
    Comment on Fr_Chuck's post
    I don't have the money to pay for them. And I told her I had no money to purchase them. I didn't agree to buy them. She called me about 30 minutes before they were delivered to my home.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Feb 2, 2011, 09:13 PM
    It's all in the way you state the issues:

    Your mother asked, you some time ago, if you wanted to buy them. You said that you didn't have the money she was asking for them. Nevertheless, and without any further representations from you, she had them delivered to your house.

    Now she has sued you for what she says they are worth.

    Tell this to the court. And don't use the phrase "verbal contract". You never contracted to buy them, verbally or otherwise.

    Of course the court is likely to ask you why you didn't refuse delivery.

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