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sirvyper4580 · Nov 20, 2010, 01:04 AM

This is a really complex situation and if no one can offer advice, I completely understand.

I am being summoned to a small claims court that is out of my state for a debt on a service in the amount of $5,200.00 USD. The service was in fact set up by me and was supposed to be paid for by a family member who provided a check which later was revealed to be a NSF check. The service still went through though despite this and sought payment afterwards. I tried to set up a monthly payment plan with the company who provided the service but they continuously changed the conditions over the phone, nothing in writing, and sometimes changing the terms within a matter of 15 minutes. After some time, the company who provided the service stopped contacting me and sent the debt to a lawyer for collections. Now the company is attempting to sue myself and the relative who provided the NSF check.

The family member, who lives in the state which the court is in turn also threatening to sue me for Pain and Suffering for this situation, claiming that I forced him into this situation even though he agreed to help pay for the service. The original agreement was that he would pay for it, and I would pay him back in installments. I have 4 witnesses that can attest to this. I refused to send him installments until he provided proof that the service was paid for, which he never could, ultimately because it was never paid for to begin with..

Unfortunately, I was in a car accident that destroyed my car and I am unable to travel to the other state to make the court hearing. While I have no issue with working out a payment plan since I did put my name on the contract of the service, I don't want to give the family member any leverage that would allow him to sue me for Pain and Suffering when his own fraud put us in this situation. What are my options in this case?

AK lawyer · Nov 20, 2010, 08:23 AM

Originally Posted by sirvyper4580

... I am unable to travel to the other state to make the court hearing. While I have no issue with working out a payment plan since I did put my name on the contract of the service, I don't want to give the family member any leverage that would allow him to sue me for Pain and Suffering when his own fraud put us in this situation. What are my options in this case?

I would make arrangements with the court, asking to participate by telephone if possible.

The "pain and suffering" allegation is BS. The court isn't likely to award this under the facts you have stated. Negotiating a payment plan (stating that you admit being jointly and severally liable with the family member on this debt) should not act as any sort of admission on that.