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GF wants my Nicknack??

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jondalar

Junior Member
What is the name of your state?What is the name of your state? CA

Hi. A few days ago my ex came over to my house to hassle me some more. On top of my bookcase I have some nice-looking odds and ends. One of these is an expensive piece of miniature pottery.

OMG. She freaked out and said that it was hers! She says I stole it when I left. She said if I didn't give it back she will sue me for it's appx. value and she even has her mother backing her up!

Thing is that she did have something similar, but it was a fake. I loved it and found the real thing on ebay. I bought it and have had it appraised. Now she says it's hers and has her "witness" to corroberate her story.

My mother, and several of my friends were there when I ordered it and/or when I received it and/or when I originally bid on the ebay auction.

What will I do, she just sent me a 10-day demand notice.
 


BelizeBreeze

Senior Member
At least she's not suing for your 'paddywack' :D

Let her take you to court. Then when it's your turn to speak ask her for proof of her claim. When she can't produce it, you produce the auction information including any cancelled checks, bank deposits/transfers or other information that proves you purchased it, including the appraisal.
 

I AM ALWAYS LIABLE

Senior Member
jondalar said:
What is the name of your state?What is the name of your state? CA

Hi. A few days ago my ex came over to my house to hassle me some more. On top of my bookcase I have some nice-looking odds and ends. One of these is an expensive piece of miniature pottery.

OMG. She freaked out and said that it was hers! She says I stole it when I left. She said if I didn't give it back she will sue me for it's appx. value and she even has her mother backing her up!

Thing is that she did have something similar, but it was a fake. I loved it and found the real thing on ebay. I bought it and have had it appraised. Now she says it's hers and has her "witness" to corroberate her story.

My mother, and several of my friends were there when I ordered it and/or when I received it and/or when I originally bid on the ebay auction.

What will I do, she just sent me a 10-day demand notice.

My response:

OMG! You're an idiot!

Why did you let her in? Did you have a synapse problem?

Where's your receipt for the item? Where's any correspondence with the seller from E-Bay concerning the object?

Where's your cancelled check, or other payment, for the object?

Where's your brains?

IAAL
 

jondalar

Junior Member
I AM ALWAYS LIABLE said:
My response:

Why don't you friggin' answer OUR questions!

IAAL

I AM ALWAYS LIABLE said:
Why did you let her in? Did you have a synapse problem?
No. I let her in because he is supposed to be making payments on a loan that I made to her. But she only came by to be a b**ch.


I AM ALWAYS LIABLE said:
Where's your receipt for the item? Where's any correspondence with the seller from E-Bay concerning the object?
This was over a year ago, and I don't have any of the correspondance/proof/receipts anymore.


I AM ALWAYS LIABLE said:
Where's your cancelled check, or other payment, for the object?
It was made on a bank debit card for a bank that I don't do business with anymore.


I AM ALWAYS LIABLE said:
Where's your brains?
In my head.
 

I AM ALWAYS LIABLE

Senior Member
My response:

Then you're screwed. Her mother will testify to the ownership of the item. Plain and simple, you're a thief and you will lose.

Just give it back and save yourself the public humiliation in court.

IAAL
 

jondalar

Junior Member
I AM ALWAYS LIABLE said:
My response:

Then you're screwed. Her mother will testify to the ownership of the item. Plain and simple, you're a thief and you will lose.

Just give it back and save yourself the public humiliation in court.

IAAL
But I didn't steal it! My mom and friends were there throughout different phases of me bidding, buying, receiving and appraisal.

At this point it's he said she said and she already has hers... it's a fake.

I spent $200 on that damn thing and I'm not going to let her take it! I just wanted to know if I had to send her something in writing, countersue her in small claims, or something.
 

I AM ALWAYS LIABLE

Senior Member
jondalar said:
But I didn't steal it! My mom and friends were there throughout different phases of me bidding, buying, receiving and appraisal.

At this point it's he said she said and she already has hers... it's a fake.

My response:

The problem is, she'll come up with her receipt in court. That, coupled with her mother's testimony, makes you out to be a thief. That trumps all of your "witnesses". You don't have any proof that you ever purchased the item, and a judge isn't going to determine whether it's an antique or a fake. All the judge cares about is whether she can prove her case by a preponderance of the evidence - - and that's her receipt.

Give it back. I don't believe you, for one minute, that you purchased the item, and you can't prove me, or your girlfriend, wrong. That makes you a thief.

IAAL
 

You Are Guilty

Senior Member
What kind of "man" collects $200 pottery "nick-nacks" anyway? I bet this was written by a woman scorned by her lesbian lover. Or if the OP really is a guy, his "girlfriend" happens to have a "twig & berries".
 

jondalar

Junior Member
I AM ALWAYS LIABLE said:
My response:

The problem is, she'll come up with her receipt in court. That, coupled with her mother's testimony, makes you out to be a thief. That trumps all of your "witnesses". You don't have any proof that you ever purchased the item, and a judge isn't going to determine whether it's an antique or a fake. All the judge cares about is whether she can prove her case by a preponderance of the evidence - - and that's her receipt.

Give it back. I don't believe you, for one minute, that you purchased the item, and you can't prove me, or your girlfriend, wrong. That makes you a thief.

IAAL
She doesn't have a receipt, and I have four witnesses. How does she automatically win?
 

I AM ALWAYS LIABLE

Senior Member
jondalar said:
She doesn't have a receipt, and I have four witnesses. How does she automatically win?

My response:

First, it's pottery. That's not a "guy thing" unless you're a que*r.

Second, she'll have her receipt in court. You have no idea whether she has a receipt. Want to take that chance and be shown to be a thief in court? That's up to you.

I don't believe you, and neither will the judge.

IAAL
 

jondalar

Junior Member
You Are Guilty said:
What kind of "man" collects $200 pottery "nick-nacks" anyway? I bet this was written by a woman scorned by her lesbian lover. Or if the OP really is a guy, his "girlfriend" happens to have a "twig & berries".
What a stupid assertion. I happen to be really into japanese pottery. My uncle used to collect them and when he died recently I got all his stuff. I just added mine to the pile. I value unique things that appreciate over time.
 

jondalar

Junior Member
I AM ALWAYS LIABLE said:
My response:

First, it's pottery. That's not a "guy thing" unless you're a que*r.

Second, she'll have her receipt in court. You have no idea whether she has a receipt. Want to take that chance and be shown to be a thief in court? That's up to you.

I don't believe you, and neither will the judge.

IAAL
I lived with her for three years. I know she's got nothing. My sexuality means nothing to my ownership. If I went in there acting Gay would I stand a better chance of keeping my property? The paint wears off of her fake, it doesn't have a signature, and the figures on it are poorly done. Mine has gold paint, intracate detail, an era mark and a signature. I don't care if you don't believe me. I'm not asking you to advise me how to screw someone out of their rightful property, I'm asking how not to get screwed out of mine.
 
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