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sjaydee · Feb 17, 2011, 09:25 AM

I haven't returned this item yet, but I plan on doing so Saturday.

I recently "broke up" with a friend of mine and she demanded I return a queen mattress her parents lent me; she said her parents were expecting it back. Fair enough, I told her to have her parents contact me and I would work out the details with them.

Her mother called me last Saturday, the 12th and asked to have the mattress back by this Saturday, the 19th. I now have a truck and am trying to get back in touch with the mom so I can arrange a time on Saturday to drop it off. I haven't heard back from her in the last day, but I have heard from my ex-friend. She's saying "please return my property" and "you've had a week to figure this out". I'm not responding to her because it's her parents' property and my "business" is with them.

The reason I am asking a question is because I know my ex-friend very well. I know that right now she's gearing up to sue me for not returning the mattress on time or under their terms. I know she'd likely get laughed out of a court room, but I want to cover my bases. I see two options:

1) Wait to hear back from the mom but if I don't then don't return the mattress on Saturday.
2) Leave a voice mail with the mom that I'm returning the mattress between 2-4 on Saturday and it will be in her driveway if she's not there.

I want to do the latter so it's off my hands and my ex-friend will have no excuse to contact me anymore. Do you think that I would be okay to do that, legally? If I took pictures of the mattress in their driveway with a newspaper proving it was there by the date they asked for it, would I be able to use that as sufficient evidence in the off chance they manage to take it to court?

I know this is quite a ridiculous question, but believe it or not it's the situation I find myself in right now. I want to comply to their requests, regardless of if they're helping me do so. Thanks for the help in advance!

joypulv · Feb 17, 2011, 10:33 AM

No matter how sue crazy she might be, you are making a mountain out of a molehill. She has to pay a fee and wait, and most states send you a form to fill out to avoid having to appear (if you resolved with her parents). I wouldn't leave the mattress in the driveway for several reasons. Leave voice mails every night and record them and expect to deliver this Sat. A camera is OK; a video better. But I don't think that will be necessary unless no one is home. Can you offer a one hour window instead of 2?

tickle · Feb 17, 2011, 10:34 AM

No, you can't leave it in her driveway, you must get it signed for, if you don't want any trouble afterwards. You have to have written proof it was returned.

This is all silliness you know that don't you.

Tick

sjaydee · Feb 17, 2011, 10:51 AM

Thanks Tickle and joypulv, I am very aware it's a silly situation and I am probably thinking too hard about it. I just want to ensure I cover my bases (I probably shouldn't have borrowed the mattress in the first place I guess).

So if they don't return my calls, I shouldn't return the mattress on Saturday, correct? If they call me after Saturday and say "we need it back within a week" what do I do? I worked tirelessly calling everyone I know with a truck to get this arranged for this Saturday and I honestly don't have time to do this until they're willing to receive it.

I can offer a one hour window as well, I can offer a 10 minute window even. What I need from them is a call-back letting me know when they are going to be home to receive the mattress on the day they said they needed it back.

JudyKayTee · Feb 17, 2011, 12:41 PM

It needs to be signed for (as has been said). I have no idea why you think she would be laughed out of Court. Courts sometimes perceive bedding as personal clothing, a very personal item, and you could very well be ordered to reimburse them the cost of the mattress.

I would send a registered letter stating that you will return the mattress on X between X and X (hours) and if you do not hear from them before (a day and time) you will dispose of the mattress.

Give them a 10 day window. They don't respond, do what you want.

sjaydee · Feb 17, 2011, 01:35 PM

I am aware that if she were to ask for the item and I refused to return it, she would have a case. I don't know how she would have a case if I'm trying to return it and she's unresponsive (however, I have never dealt with legal issues before; thus me asking others for opinions). Sorry for the lack of clarity about what I meant.

The registered letter seems like a safe bet, thank you for the suggestion.

AK lawyer · Feb 17, 2011, 02:27 PM

If they don't return your call by Saturday, send them a letter by certified mail, return receipt requested. In that letter, advise them that you have called them several times to arrange for them to be there but, since they didn't bother to return your call, it will be up to them to pick up the mattress. Tell them that they will need to call you first and arrange a time at which you will be there. Finally, indicate that if they haven't gotten back to you by (a week or so), you will assume they don't want it and that you may do with it whatever you choose.

joypulv · Feb 17, 2011, 02:37 PM

I suppose that we haven't taken into account her wrath after you broke up with her.
It's possible that she wants some confrontation in court.
It's possible that it is a mistake to ignore her text message, thinking you should deal with the parents (why would she sue for something that belongs to her parents? Because small claims allows leeway).
I guess that if Friday night comes with no reply, you could go to her parents early enough in the morning to be sure they are home.
I think you should reply to her text.

AK lawyer · Feb 17, 2011, 02:42 PM

Originally Posted by joypulv

... why would she sue for something that belongs to her parents? Because small claims allows leeway ...

Some, but not that much leeway.

She doesn't have standing to sue. She can't sue you in the court of general jurisdiction, small claims court, or in a tennis court. Whether to sue would be up to her parents.

sjaydee · Feb 17, 2011, 03:11 PM

I got a returned call from the mother just now and she told me that even if they aren't there, I can leave it on their back porch.

Obviously I have no proof that she said this, but she seemed quite cordial.

It seems like such a small deal (and I am sure to the parents it is also), so I don't know if I should ask them to "sign" for it. If my ex-friend (who is very angry with me, by the way) tried to do something else about it, I'm pretty sure her parents would just tell her to back off.

My next step would have definitely been a certified letter, so thank you for that suggestion. I don't know if there's an option to say that this question has been "resolved".

JudyKayTee · Feb 17, 2011, 03:15 PM

If you don't get a signature you are running the risk of a lawsuit.

AK lawyer · Feb 17, 2011, 03:28 PM

Originally Posted by sjaydee

I got a returned call from the mother just now and she told me that even if they aren't there, I can leave it on their back porch. ... I don't know if there's an option to say that this question has been "resolved".

I'd say it probably is.

Originally Posted by JudyKayTee

If you don't get a signature you are running the risk of a lawsuit.

Signed receipt you mean? The risk is minimal, In my opinion. But sure, knock and if they are there get a receipt. If not, as someone else suggested, take a pic.

JudyKayTee · Feb 17, 2011, 04:21 PM

Right, I mean a signature on a receipt (that was me SPEAKING shorthand).

tickle · Feb 17, 2011, 05:15 PM

Well I would say the OP doesn't really understand what he/she has to do. Getting a signature for goods returned is probably the best way to avoid any confrontation.

sjaydee · Feb 17, 2011, 06:18 PM

I will get a signature if at all possible, otherwise will take a photo. I can't make this a larger deal than necessary. If confrontation is going to happen it will happen and I will do my best to cover my bases before that happens.

I'm not sure what contribution "OP doesn't understand what he/she needs to do" is besides being rude. If I knew what to do I wouldn't have asked. Thanks to everyone who gave constructive advice.

smoothy · Feb 17, 2011, 08:28 PM

Originally Posted by sjaydee

I will get a signature if at all possible, otherwise will take a photo. I can't make this a larger deal than necessary. If confrontation is going to happen it will happen and I will do my best to cover my bases before that happens.

I'm not sure what contribution "OP doesn't understand what he/she needs to do" is besides being rude. If I knew what to do I wouldn't have asked. Thanks to everyone who gave constructive advice.

You need to read the rules about WHEN its allowed to give a not helpful.

THat is ONLY allowed for factually incorrect answers. Which theirs wasn't. Opinions AREN'T a valid reason.

When presented with such a situtation where one party is being such a PITA about returning something and tossing threats... a signature on a statement that they acknowledge receiving said items is the best proof you can have.

tickle · Feb 18, 2011, 04:49 AM

Originally Posted by sjaydee

I'm not sure what contribution "OP doesn't understand what he/she needs to do" is besides being rude. If I knew what to do I wouldn't have asked. Thanks to everyone who gave constructive advice.

I think I was the first one to say 'get a signature'; then the entire thread was given over to you asking more questions, with some good suggestions, and more of 'get a signature'. So I don't see how you feel I was being rude, and yes I am an expert here and feel honoured for that designation, have given some good advice throughout the years here.

You are inappropriate. You seemed not to understand entirely what you had to do, otherwise you would not have kept on asking. Therefore, yes I found that you did not understand what you had to do. Simple.

Tick

tickle · Feb 18, 2011, 04:51 AM

Originally Posted by smoothy

You need to read the rules about WHEN its allowed to give a not helpful.

THat is ONLY allowed for factually incorrect answers. Which theirs wasn't. Opinions AREN'T a valid reason.

.

Thanks smoothy for the vote of approval, now you can give me a balancer to get rid of the reddie which was unwarranted anyway.

Tick

smoothy · Feb 18, 2011, 05:40 AM

Originally Posted by tickle

thanks smoothy for the vote of approval, now you can give me a balancer to get rid of the reddie which was unwarranted anyway.

tick

You got it... don't why I didn't do that last night.

tickle · Feb 18, 2011, 05:49 AM

Thanks, smoothy, I got your back next time.