Christians suing

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_Rae
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Christians suing

Post by _Rae » Fri Mar 11, 2005 11:10 am

Hi! I was wondering if you thought there was any circumstance in which a Christian would be correct in suing someone (or a company).

The reason I ask is because my husband and I are in a situation where our previous apartment complex is trying to take advantage of us (and we've found out has tried to take advantage of others) by charging for things that shouldn't be charged for at move out time.

We have written letters, called, everything we know to do and they still will not drop it. It is not a lot of money by any means, but we do not want them to take advantage of other tenants as well.

So, my question is -- Is there any type of difference between Christians suing other Christians vs. Christians suing non-Christians vs. Christians suing a large corporation.

If it were an individual that was claiming we owed this amount of money then we probably would just pay it (whether they were a Christian or non-Christian) but since it's a company we were wondering what our options were.

Thanks!

-Rachel
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"How is it that Christians today will pay $20 to hear the latest Christian concert, but Jesus can't draw a crowd?"

- Jim Cymbala (Fresh Wind, Fresh Fire) on prayer meetings

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_Damon
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Post by _Damon » Fri Mar 11, 2005 12:55 pm

Well, let's put it this way. You yourself said that you don't want them taking advantage of others the way they've already taken advantage of you. Due process of law exists for this very purpose, so of course you'd want to take advantage of it!

As far as Christians suing Christians, that circumstance may well come about, but it's when one or both parties aren't honestly hearing the other side. That's a sin...but Christians do sin, and we shouldn't feel guilty if we need to take a Christian to court if our other avenues of redress have failed.

Damon
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_John
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Peace making

Post by _John » Sat Mar 12, 2005 1:21 am

I would encourage you to visit the peace maker ministry web site.
http://www.hispeace.org/html/getch.htm#coaching

In the case of a non-Christian apartment manager, I would let him know what specifically he is doing that is wrong, pray for him and accept the injustice as a Christian witness. If I had treated him unkindly in any way I would ask for his forgiveness. I believe seeing our willingness to accept the loss of our possessions (cleaning deposit) or even our very lives is a powerful testimony to those who are without hope. (Heb 10:34; I Cor 6:7; Rev 12:11)

If the unjust apartment manager were a Christian, I would use the following principles, assuming I was unable to overlook the offense or injustice.

Also, corporations, at their foundation are individual(s) who assume responsibility for the actions of the organization and whom the government holds accountable (i.e. go to jail or pay fines for illegal actions.) If you were to move up the "chain-of-command" you would find an owner or group of owners who were either Christians, or non-Christians. If you are not dealing with the owner of the apartments, you can always go to the one ultimately responsible, for a resolution. This could include, I suppose, the owner reprimanding or even firing an ill-suited manager. Or, you could just be ignored as another "pesky tenant."
When Christians are unable to resolve a conflict personally and privately, God wants them to turn to their local church for guidance and assistance (see Matt. 18:15-20; 1 Cor. 6:1-8 ). The church can help them in three ways.

* Initially, one or both parties may receive conflict coaching on how to resolve a dispute personally and privately. When such counsel is offered before feelings are seriously hurt, this is usually all it takes to help people resolve a conflict.

* When coaching does not resolve a conflict, God calls the parties to use mediation. One or more mediators meet with both sides to promote constructive dialogue and encourage a voluntary settlement of their differences. Mediators ask questions and give advice, but it is still up to the parties to decide on a final solution.

* Finally, if mediation is unsuccessful, the parties may proceed to arbitration. Each side explains its position before one or more arbitrators, who are given the responsibility and authority to render a decision that everyone agrees to accept as binding.
Jesus is clearly calling for something much more loving and redemptive than simply confronting others with a list of their wrongs. Similarly, Galatians 6:1 gives us solid counsel on our what our attitude and purpose ought to be when we go to our brother. "Brothers, if someone is caught in a sin, you who are spiritual should restore him gently." Our attitude should be one of gentleness rather than anger, and our purpose should be to restore rather than condemn.

Yet even before you go to talk with someone, remember that it is appropriate to overlook minor offenses (see Prov. 19:11). As a general rule, an offense should be overlooked if you can answer "no" to all of the following questions:

* Is the offense seriously dishonoring God?
* Has it permanently damaged a relationship?
* Is it seriously hurting other people? and
* Is it seriously hurting the offender himself?

If you answer "yes" to any of these questions, an offense is too serious to overlook, in which case God commands you to go and talk with the offender privately and lovingly about the situation. As you do so, remember to:

* Pray for humility and wisdom
* Plan your words carefully (think of how you would want to be confronted)
* Anticipate likely reactions and plan appropriate responses (rehearsals can be very helpful)
* Choose the right time and place (talk in person whenever possible)
* Assume the best about the other person until you have facts to prove otherwise (Prov. 11:27)
* Listen carefully (Prov. 18:13)
* Speak only to build others up (Eph. 4:29)
* Ask for feedback from the other person
* Recognize your limits (only God can change people; see Rom. 12:18; 2 Tim. 2:24-26)
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John

"For as many as are led by the Spirit of God, these are sons of God." Rom 8:14

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Post by _Anonymous » Sat Mar 12, 2005 10:31 am

AMEN, John!

Although as a business owner, I have taken 2 people to small claims court
for failing to pay a big bill. They were a coporation.
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_Rae
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Post by _Rae » Sat Mar 12, 2005 10:47 am

I guess maybe I should give a few more details... the corporation that we are dealing with is a large corporation based out of Florida that owns many many apartment complexes throughout the United States (we live in Texas). There is no single person that the disagreement involves (I guess except the collections lady that we are dealing with out of Florida). The apartment manager and I'm pretty sure most of the staff have left since we left the apartment complex so there's nothing we can do there.

The lady that is in charge of our claim will not call us back and we have written letters all with the same response (the amount you owe still stands). We have talked to a lawyer (my father in law) and explained the case to him and he immediately recommended taking it to small claims court and basically said it was an open and shut case. That was in November that he recommended that course of action, but we chose to try to write letters and call several more times (leaving messages to no avail) so that we would not have to take that course of action.

We are now at the point that we feel we have tried everything to resolve this matter. They have offered a settlement amount ($20 lower than the original amount), but we feel that to pay this now would look like we were just doing everything we were doing to get the amount adjusted.

Anyway, that is pretty much the whole situation... there is no one other than the collections lady that we are able to talk to and even she will not return our calls.
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"How is it that Christians today will pay $20 to hear the latest Christian concert, but Jesus can't draw a crowd?"

- Jim Cymbala (Fresh Wind, Fresh Fire) on prayer meetings

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_Damon
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Post by _Damon » Sat Mar 12, 2005 6:09 pm

Well, there is a time for everything under the sun. There is a time to suffer for the injustices of others, and there is a time to stand up for what's right. This, to me, is a time to stand up for what's right.

I would go to small claims court.

Damon
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_moe
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Post by _moe » Sat Mar 12, 2005 7:39 pm

HI to all,

After praying diligently and asking GOD for direction I usually know if HE is leading me in any one direction.....We are not to take a believer to court but if the scripture is a bit unclear I talk to friends whom I trust all the while praying for the right way to go. You will sense a peace....I prayed hard one time over a confrontation I needed to have with a friend, I didnt have peace until I wrote her and after I did peace was there. She rec'd it in love although I confronted her 2x one by letter and one by telephone..... I pray GOD give you HIS answer it will be with peace.

Moe
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_Steve
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Post by _Steve » Mon Mar 28, 2005 8:24 pm

Hi Rae,
I agree with Moe that prayer and the guidance of the Holy Spirit must provide the answers where the scriptures are silent.

Here are some scriptural truths that are pertinent to lawsuits:

1. Obviously, a Christian does not sue another Christian, since this is forbidden in scripture and the love of God for the brethren inclines a true Christian to suffer wrong, rather than to demand one's own redress (1 Cor.6:1ff).

2. Not everyone who claims to be a Christian is one. This can be determined by following the proceedure of Matthew 18:15-17.

3. Lawsuits against guilty non-christians are not expressly forbidden in scripture (to my knowledge), though "turning the other cheek" and "giving to everyone who asks of you" are instructions about relations with "the evil man" (Matt.5:39, 42), and may be applicable.

4. If someone wishes to sue you, you should settle with him out of court (Matt.5:25), and even magnanimously give him more than he thinks he has coming (Matt.5:40).

5. You should do good to those who hate you, bless those who curse you (Luke 6:27-28 ).

These instructions can, perhaps, be applied too woodenly, and there may be cases where special circumstances may make another course of action more loving. The unswerving principle, however, in every transaction should be sacrificial love for the other party or other parties.
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In Jesus,
Steve

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_Homer
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Post by _Homer » Tue Mar 29, 2005 11:09 pm

Steve,

It would seem to me that in Matthew 5:40 there is a presuppostion that the person being sued actually owes what is being asked for. If that were not the case, and Christians routinely handed over what was demanded, and then more besides, evil people would quickly acquire everything Christians have! We would be poor stewards, have nothing to help others or spread the gospel, let alone for our family. And we can imagine what people of a character who would sue on false pretenses would use the money for.

It seems to me Jesus is teaching us an attitude of the heart, particularly when we are in the wrong.

Does this make sense?

Yours in Christ, Homer
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_Steve
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Post by _Steve » Tue Mar 29, 2005 11:54 pm

Homer,

It makes a lot of sense, andf I think you are right. I am sure that Matthew 5:25 presupposes a situation where the disciple is in the wrong, and should settle out of court rather than to go to jail for the wrong he has done. Matthew 5:40 also seems to be advocating settling out of court, and may be intended as an expansion on v.25. Thanks for making that observation.
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In Jesus,
Steve

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