QUESTION

Can this case be brought to court?

Asked on Nov 09th, 2016 on Civil Litigation - Illinois
More details to this question:
Friend gave me gifts of a cushioned chair, lazboy loveseat recliner, coffee tables, treadmill & other miscellaneous items from her Mother's estate 05/'15. She repeatedly said "take it, I don't want it as there's too many bad memories/poor relationship with my mom." She included both her kids in on this & cumulatively agreed they didn't want it & if I could use it then "let her have it." Our friendship has ended. On 10/'16 she now demands pymt claiming I never paid for items. 10/'16 was the 1st time I heard anything about having to pay for said gifts. She is doing this because I ended the friendship due to a toxic, demanding friendship that I couldn't handle any longer. She is retaliating over the ended friendship. Last week I refused a certified letter from her attorney. I'm expecting a summons over this any day. What is my recourse? Anyone else out there with this sort of issue? I've never been in this predicament. She is known for seeking vengeance after feeling slighted.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Your recourse if sued is to defend the case.  Assuming you have no documentation or other witnesses to back up your story (I assume her kids won't back you up in court), when it comes time for a hearing you will tell your story and hope that the court believes you and not her, which seems l ikely to me (although I haven't heard the other side) since she has no contract, no invoice, and she didn't do anything to collect for almost a year and a half.. BTW, it's none of my business, but what was the point in refusing the attorney's letter?  A letter can't force you to do anything you don't want to do.  If you refuse to communicate with the attorney, you may leave the other side with no choice but to sue you.
Answered on Nov 10th, 2016 at 1:15 PM

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