Can this be used in court?

[jtree]

What is the name of your state?California
I am taking my ex to small claims court, and I wanted to know about a letter I wrote her. When we broke up the first time I wrote her a letter and told her not to worry about the money she owed me and that she could keep some furniture that she wanted but it was in my name. Since I wrote that letter she has put me jail 3x and charged me with outrageous things. we were on and off again several times and during these times she said she would pay for the furniture, then she said she would give it back, yet she has done neither. I have emails from her saying she would either pay for it or return it to me. Since she agreed to pay after the letter was written can she use that as a way to get out of paying for the furniture and the other money she owes me?

 

[rmet4nzkx]

What is the name of your state?California
I am taking my ex to small claims court, and I wanted to know about a letter I wrote her. When we broke up the first time I wrote her a letter and told her not to worry about the money she owed me and that she could keep some furniture that she wanted but it was in my name. Since I wrote that letter she has put me jail 3x and charged me with outrageous things. we were on and off again several times and during these times she said she would pay for the furniture, then she said she would give it back, yet she has done neither. I have emails from her saying she would either pay for it or return it to me. Since she agreed to pay after the letter was written can she use that as a way to get out of paying for the furniture and the other money she owes me?

The first written letter most likely would stand as a written agreement or contract and any subsequent amendments made by her in emails may not hold the weight of the letter because you would have to first of all authenticate them and also prove that they were not done under duress. Since you were jailed 3 times subsequent to the first letter, YOUR conduct would be called into question. For these reasons you cannot contridict your original contract.

I suggest if this is all you are taking her to court for, don't file and if you have filed, dismiss the charges, if you go to court she can counter sue and also you would have to pay court costs. If you were jailed for domestic violence and on a deferred judgement and or diversion program, you SC action might violate your program or probation.

CALIFORNIA CODES EVIDENCE CODE SECTION 620-624

620. The presumptions established by this article, and all other
presumptions declared by law to be conclusive, are conclusive
presumptions.

622. The facts recited in a written instrument are conclusively
presumed to be true as between the parties thereto, or their
successors in interest; but this rule does not apply to the recital
of a consideration.

623. Whenever a party has, by his own statement or conduct,
intentionally and deliberately led another to believe a particular
thing true and to act upon such belief, he is not, in any litigation
arising out of such statement or conduct, permitted to contradict it.

 

[rmet4nzkx]

Domestic violence, like I thought. Do you have a mental health problem in addition to too much money to burn? Everything that happened, you brought on yourself. If you are contesting what belongings are hers, forget it, she deserves her belongings and the court will give them to her as a part of the RO, taking her to SC to keep her belongings will get you in more trouble. What did your attorney say?
https://forum.freeadvice.com/showthread.php?t=235007

What is the name of your state?california.
I will try to make this short, my ex and I broke up in July 04, and after some time I woke up to officers at my door, I was arrested for stalking and terrorist threat, my bail was set at $125,000 and I was told that a TRO was issued and I would be served with it when I get out. I had no idea what was going on since I wasn't stalking her. I bailed out costing me $12500, since I couldn't miss work. I was served the next night(wed.), then an officer served me again on Thurs. and he said that anything prior to him serving me was voided. well exactly 1 week from the 1st arrest, again officers at my door, I get arrested for 3 counts of TRO violation, they were very weak, calls to her but never talked, talked to her friend and they said I was trying 3rd party contact. This time $500000 bail, had to stay in for 3 days, bailed out for $1000. Plus I had to get an lawyer, $3000. So I was never even charged with anything, she winds up not showing to the TRO hearing and those charges are dropped. she called me prior to the hearing and we met, stupid of me. So, stupidly I let her back into my life, I thought she was telling the truth about how she felt. She left me high and dry 2 mo later, after signing a yr agreement as a roommate. Well again she gets a TRO, its so pathetic, she even says in it I don't know where she lives or works, but she gets it for 2years. the same day I asked her about her stuff, and she wanted it but didn't know how to get it. I emailed her from my work, arrested again, cost me $3000 bail and another $2500 for the same lawyer. I now am facing a foreclosure, credit problems, and I lost my job because of an email she gave to the detective I had written several MONTHS earlier, and my job let me go, having to pay them back a relocation loan in the amount of $25K. So she didn't have anything happen to her, she told so many lies, and they believed her. Is there anyone with some advice as to how to recoup any of the money, and I am in court again on RO violation, even though a week after I was arrested she came over and hung out for a couple of weeks, then turns and calls the cops after we emailed each other. She is so fu_ked inthe head, but she has ruined my life and walked away without even saying ****.

 

[jtree]

what do me her belongings, I didn't buy anything for her, she has bad credit so I used my credit to get the furniture for her, and she was paying for it. The domestic violence crap was all made up, thats why I wasn't charged with anything because I showed that we were still together and talking during the time she says I was stalking her. Its like this, she started to cheat on me right before we broke up and lied about it. In order for me not to find out she made up all this crap so I wouldn't be able to talk to her, then a month later turns around and wants me back just to do it again. None of her stories holds weight, she even told me that the court clerk wrote the second TRO for her! She lied to the RO judge and if anyone has ever gone thru that process you would know how quick it goes. So its not her stuff, she is not paying me for what she wanted because she knows I cannot talk to her, besides I filed before she got the TRO.

 

[rmet4nzkx]

YOU still gifted it to her in the letter, that letter stands. They are her belongings, NOT yours. You may owe the bills, but the belongings are hers. You were put in jail for violating the RO. More than one time! It is all your fault, not hers. It doesn't matter who filled out the TRO, it is often filled out by someone in the DA's office for DV cases, in fact the DA's office can bring the charge whether or not she brings a charge against you.

Drop the SC action. Contact the court and arrange for her to get her things or have them delivered to her through the courts, you don't get to know where she lives. You wouldn't have been put in jail originally without reason or bail for so much, they don't even put men in jail who tried to kill their wives. You are not Mr. Innocent

Now buck up and be a man, start acting like a grown up and not a spoiled brat. Take responsibility for your actions. You might start looking for a job too!

 

[jtree]

first off I have been working, I am a biochemist, I have put myself through college, bought two houses and had been doing fine until all of this. You don't know what the hell your talking about, if I gifted it too her then why would she offer to pay for it over and over again. I could not have made her do this because I wasn't allowed to talk to her. Second if I am so guilty then why wouldn't the DA press charges, this stuff didn't even make it to my arraignment, there was nothing to charge me with. The laws in CA are one sided that they arrest you first just because some stupid chick tells them a story and then sort out what really happened. Thats what happened and she admitted it to me after the fact. You know sometimes people are not guilty even if they get arrested and put through what I have been through, so buck up and don't be so eager to judge. I have never done anything to this person that would even be considered DV, it was a way for her to chick out and not tell me face to face that she leaving. Typical, and childish, and she doesn't care how it affected me the first time or the second. The money she owes me is for rent and she stole a rebate check from me, both were after I wrote that letter, so I don't think the courts will find any reason not to give that to me, espically since she signed a year lease agreement with me and left without telling me 2 months later.