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small claims court-are they gifts or not?

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spr101

Guest
What is the name of your state? What is the name of your state? What is the name of your state? indiana

Last year, the man I had been dating requested that I make a list of things for him to help me out around the house. he also asked me to make a wish list (things I couldn't afford and big projects I didn't have time to do). He did some landscaping for me(on my list) and bought materials which he wouldn't let me pay for. He also surprised me with privacy fence sections for backyard. I told him I couldn't accept such a big gift...it was too much...he insisted. We went round and round about the fence, even after we broke up. I gave him a check(small payment), with balance due in memo space. He talked me out of this the following week. Said it was a gift,he was in love with me. He installed (improperly) only 1 section of fence. Several months later after the break-up, Because of unethical behavior on his part with his business, I asked him for copy of fence materials so I could have someone else finish installing and Re-install the section he put up. He gave me a bill from his business charging me for every thing he had bought me while we were dating. When I asked him if this was really a bill, he said no, that he couldn't give me copy of actual receipt because he had charged everything to his business. Because of illegal and unethical behavior on his part , I told him I wanted nothing more to do with him, that we couldn't be friends. 2 days later, he informed me that the invoice he gave me was a bill...he's suing me in small claims court in his business's name for total materials bought by him for me while we were dating. I countersued for cost of having section of fence he put up re-installed and repaired. I really didn't want to counter-sue him, but I know that he still has my check (I stopped payment on it long before he sued me) and he also has answering machine tapes with me stating that I would pay for fence...(I have no evidence that he kept talking me out of it.) Ironically, the materials he bought were from an expensive lumber yard...had I had the choice, i would have shopped someplace else. The fence was part of the wish list he wanted me to give to him...things I couldn't afford. His claim is "materials delivered but never paid for". Time span for all of this...he bought materials in Aug 2001, installed section sept, we broke up the end of nov, he wanted to still see me, but i said no...just as friends...he filed claim may 2002, we go to court july. I know this is wordy...sorry. Basically, the man is upset that I no longer want to be even his friend. The amount of both of our claims are pretty much equal...mine is 40.00 less. What's your opinion as to what kind of case this is going to be? I have witnesses, pictures. I would be willing to drop my case, if he dropped his.

Thanks,
Sandi
 


JETX

Senior Member
Based solely on the facts of your post, I predict he wins (he has proof of his claim... even with your 'justifications'), and you will lose (you have NO proof of any gifts... in fact, he has your check showing that you agreed to repay him).
 
S

spr101

Guest
small claims court-gifts

Do you think I have a case in my counterclaim as far as damages? He had put up the fence without my consent, when I was not there. He even went over to my adjoining neighbors house and asked her if he can take down her fence(sits on the prperty line) to put up this fence. She will be one of the witnesses for me for this case. I also have a contractor's report as to how the fence was improperly installed. The person who actually re-installed my fence will be there also. Another question...why is it legal for him to use his business for personal reasons? This man has a past in another state for fraudulent business practices...over 20 small civil suits against him within 4 yrs, had been put in jail for theft by deception, moved to Indiana and is starting the same thing with several claims against him here in Indiana.

Sandi
 

JETX

Senior Member
Q1) "Do you think I have a case in my counterclaim as far as damages?"
Q1) Depends no what you claim your damages are. For example, if your claim is that "He had put up the fence without my consent, when I was not there." The answer is no.

If your complaint is that "He even went over to my adjoining neighbors house and asked her if he can take down her fence(sits on the prperty line) to
put up this fence.", again no.

If your complaint is that the fence was installed improperly, possibly. But you will have to show what this 'improper fence' cost you.

Q2) "why is it legal for him to use his business for personal reasons?"
A2) No one said it was legal or illegal and any determination of this would require an extensive review of the facts. Though it is probably improper!!

Finally, if you have evidence of him doing illegal acts, get your FACTS together and take them to the police. Do NOT use your suspicions to support your anger at his actions against you.
 
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spr101

Guest
small claims court-gifts

Actually, I do have proof of damages. My re-installation costs. Because I couldn't afford a contractor, I did hire a handyman who has installed fences before. I did have a fence contractor come out to inspect the installation and he wrote down all of the installation procedures that were improper and wrote down the correct installation that needed to be done. I will be taking this paper to court. I also have pictures that I took. Basically, it is very obvious, even to a layman, that it was improperly installed. Each section of fence zig-zagged and the pictures show some of the fence sections hanging on by 1 screw...barely. I took some pictures from the top of the fence...totally not even close to being straight. The posts were not cemented in, so the fence was about to fall. My neighbor will be testifying to this, too.

As far as him using his business for personal reasons, I never signed any contracts or made any verbal contract associated with his business. I'm not trying to take my anger out on this man in court...I'm just doing my homework and wanting to be prepared for court. I talked with the plaintiffs from his last case he lost 2 months ago, they told me he pretty much lied about everything...so I'm preparing my case, looking at all angles. I do not plan on showing in court any illegal activity I am aware of. If anything, ethics in general might be mentioned. The last plaintifs even told the judge the man had a history of lying to them and they felt he was lying in court... so I just want to prepare myself. This case really is not about MY anger, but his anger because I rejected him.

Sandi
 
Texas sues N.C. in Texas

Halket said:
Based solely on the facts of your post, I predict he wins (he has proof of his claim... even with your 'justifications'), and you will lose (you have NO proof of any gifts... in fact, he has your check showing that you agreed to repay him).

i am sueing a nc resident in tx where i am a resident and where my cause of action arose in small claims court. nc got an attorney in fort worth after her change of venue was denied in pro se capacity. i have been advise on the merits of my case to request a trial by jury.
 
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spr101

Guest
Court decision

Halket said:
Q1) "Do you think I have a case in my counterclaim as far as damages?"
Q1) Depends no what you claim your damages are. For example, if your claim is that "He had put up the fence without my consent, when I was not there." The answer is no.

If your complaint is that "He even went over to my adjoining neighbors house and asked her if he can take down her fence(sits on the prperty line) to
put up this fence.", again no.

If your complaint is that the fence was installed improperly, possibly. But you will have to show what this 'improper fence' cost you.

Q2) "why is it legal for him to use his business for personal reasons?"
A2) No one said it was legal or illegal and any determination of this would require an extensive review of the facts. Though it is probably improper!!

Finally, if you have evidence of him doing illegal acts, get your FACTS together and take them to the police. Do NOT use your suspicions to support your anger at his actions against you.
********************************************************************************************************
Well, we went to court today. The judge basically said that since there was nothing in writing, neither of us have a case. Judge did question my x-boyfriend as to why he didn't cash my check. Actually, ex told me the day I gave him check that he wouldn't cash it because he gave those things to me as gifts. (He had it for 6 weeks before I stopped payment on it). He stumbled around for excuses, judge didn't buy it. I think judge knew that these were gifts and ex just was upset because I didn't want to have anything to do with him. He did say that I wouldn't benefit from my countersuit because I had benefitted from the gift of the fence. I expected that...Ex did nothing but lie through out the case, I think judge caught on to that. After hearing both of our cases, he stated that there is nothing in writing for Ex's claim or mine. He also stated that neither of us will be happy with his decision. He told both of us that it's time to move on when a relationship comes to a bitter end. The Ex has a reputation in town in his business for taking payments, but not delivering goods. He spent time in jail for "theft by deception" cpl yrs ago.This judge has already judged against ex in several cases that were brought against him. He was accused of lying in those cases, too. Judge did direct a comment soley at me tho...to learn from this, be weary of people...get to know someone before getting too involved. Ex had 30 cases against him in a neighboring state the last 4-5 yrs. Since moving to this state in 1999, he already has several cases judged against him, one of them, he goes to court later this month in another county for check deception, but they charged him with theft...he agreed to plead guilty. The judge said he will take our case under advisement, but with no written agreement , his decision will not make either of us happy. I really didn't expect to win my case, but I also didn't want to pay for items given to me as gifts almost a year ago because a man is spiteful.

Sandi
 

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