A soldier is trying to take me to Court even though he is at fault.?
Here is what happened,
Six months ago, I PCSed from hawaii to arizona, and right before I pcsed to arizona I sold my neighbor some furniture that i no longer wanted for $190. I helped him carry the items over to his home and then about a week later he gave me a check. Unfortunately I cashed the check and then pcsed to my next duty station. It wasn't until 6 months later that I got a letter from my bank that said I owed them $205. Come to find out, as soon as I left hawaii and pcsed, my neighbor put a stop on the check and that is why the bank came after me for returning them the funds due to them not being able to collect from the check before it was cancelled. I paid the fees to the bank and immediately took the matter to the legal office. The legal office had me file a Article 139 Claim and send the supporting documents to his battalion commander. His commander was prompt to take care of this offense. Less than 4 days after sending his BN commander the information and supporting documents, he called my and said he would be sending me a check for $190. He was afraid because his BN commander had threatened to chapter him out if he didn't go good on his checks. After that, I thought that it was all finished, but I was wrong. The same soldier who attempted to defraud me is now threatening me that he is going to get the money back. Also, a couple of weeks before PCSing from Hawaii, I borrowed his vacuum for a few minutes to touch up on one of the rooms in my home. Now he fabricating a story saying that I broke his vacuum because I vacuumed my garage and them left the vacuum outside without returning it to him. None of these accusations are true. I did borrow his vacuum for a few minutes to clean one room, but it was in working condition when I returned it to him. After realizing that he got caught in his attempt to defraud me (not paying for the furniture I sold him) he is now coming up with this ridiculous story to attempt to get the funds back that his BN commander forced him to pay. I am really tired of this individual and his lack of honesty and his further attempts to counter the justice which forced him to pay me back for those items. My question is, what can I do to put an end to this individuals attempt to falsify a story against me for the purpose of not having to pay for the items he should have paid for? Can I take this back to legal if he attempts to falsify stories in the attempt to charge me with these lies? Any insight on the matter would be highly appreciated.
- Houd1n1Lv 78 years agoFavorite Answer
The vacuum? That is a civil matter that he has to prove in small claims court. I am assuming that he did eventually pay you what he owed, so enjoy the use you get from the money. After all, you were able to prove that he wrote a check for items received and then dishonored that check; he's going to have a tougher fight, since his credibility is already in question.
- ?Lv 78 years ago
Bottom line - you have documentary proof (the check and the resulting issues) which are legal proof of his attempt to defraud you.
As far as the vacuum cleaner in concerned he would have to have the vacuum cleaner, have a vacuum cleaner repairman attest to the issues he claims, have witnesses to your acts concerning the vacuum cleaner, etc., etc., etc. In other words, he would have to be able to prove what you did, when you did it and that you were the direct cause of the damage to his vacuum cleaner...and he can't.
Do talk to your Command Legal Officer and possibly to JAG and challenge this crook to prove without doubt that you did what he said and that you were responsible for the damage to his vacuum cleaner...which he cannot do. It is a Small Claims Court matter and he cannot file in Small Claims Court unless you are both in the same area.
He is putting himself at risk for military discipline for attempted fraud and the fact that he has already been caught attempting to commit fraud basically discredits his claim.Source(s): ***** 100% Disabled Vietnam Veteran - Former Navy Airborne Electronic Warfare Officer
- TomBLv 78 years ago
Tell him that you will see him in small claims court and that he can discuss it there with your lawyer. It is not a Military Matter and the Legal Office won't do squat except advise both parties of their rights and refer them to seek Civilian Counsel. (or tell them that it would cost more in court and lawyer fees than either side would ever hope to win)Source(s): USN(ret)
- Anonymous8 years ago
Why are you asking this question on Yahoo Answers? Why don't you speak to your JAG office, wouldn't that make much more sense than asking a bunch of idiots on Yahoo?
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- alexander mLv 78 years ago
he can threaten whatever he wants, however you have proof he tried to commit fraud and he has no proof you did what he claims you did. So he can file through small claims court, then pay all your expenses once the judge finds in your favor.