being sued for personal property

What is the name of your state?OH

This guy I dated off and on is taking me to court for $1340.84. I supposedly have a bunch of his movies, cds, clothes. etc. I have 4-5 of his movies and that's it, which I've tried to give to him but he insists on meeting me to get them instead of letting me leave them on my porch. He has not lived with me since April 2005. He did however have some bill delivered to my address over the summer. I called him on it and told him to get it changed. Come to find out he married a woman in June and was separated from her off and on until the end of August when he went back to her. That's where the claim comes in. He stopped at my house on a monday night proclaiming he still loved me and her, etc. I told him to leave I wasn't into those kind of situations. Since he wouldn't leave I left even though it was my home. He called the cops saying I had his DVDs and Lawn chairs (I have the police report). I told the cops I didn't have his stuff only mine. Now in his court claim I not only have his chairs, dvds, but now clothes, CDs etc have been added? If I had that stuff why didn't he tell the cops that on the 30th. He filed the claim on Sept 14th. Can I use the police report to prove he's wrong? How do I prove his stuff isn't at my house? I can't afford to pay him $1340.84, I'm a single mom working part time. What kind of proof does he have to show that that stuff is at my house or just that he actually has purchased it? I know nothing about the Law and really need to know how to protect myself in this situation and what all documents I need to take with me, witnesses, etc? Please help!!

marie342005 said:

What is the name of your state?OH

This guy I dated off and on is taking me to court for $1340.84. I supposedly have a bunch of his movies, cds, clothes. etc. I have 4-5 of his movies and that's it, which I've tried to give to him but he insists on meeting me to get them instead of letting me leave them on my porch.

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And have you notified him in writing to pick them up?

He has not lived with me since April 2005. He did however have some bill delivered to my address over the summer.

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and why didn't you just write on it his new address and give it back to the postal worker?
[quote[
I called him on it and told him to get it changed. Come to find out he married a woman in June and was separated from her off and on until the end of August when he went back to her. That's where the claim comes in.
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All irrelevant.

He stopped at my house on a monday night proclaiming he still loved me and her, etc. I told him to leave I wasn't into those kind of situations.

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Well DAMN! It was just getting interesting.

Since he wouldn't leave I left even though it was my home. He called the cops saying I had his DVDs and Lawn chairs (I have the police report). I told the cops I didn't have his stuff only mine. Now in his court claim I not only have his chairs, dvds, but now clothes, CDs etc have been added? If I had that stuff why didn't he tell the cops that on the 30th.

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Irrelevant.

He filed the claim on Sept 14th. Can I use the police report to prove he's wrong?

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The only thing the police report proves is that he made a claim about specific things on a specific date.

How do I prove his stuff isn't at my house?

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you don't. It's HIS burden of proof.

I can't afford to pay him $1340.84, I'm a single mom working part time.

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Now it's sounding like you had these things at one time and disposed of them.
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What kind of proof does he have to show that that stuff is at my house or just that he actually has purchased it?
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If he can show that he purchased the items and left them there then the burden shifts to you to provide an explaination as to where they are now.

I know nothing about the Law and really need to know how to protect myself in this situation and what all documents I need to take with me, witnesses, etc? Please help!!

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Well, the first thing you take with you are the DVDs you have. Next, come back here and tell us EXACTLY what was left, when and what happened to the items.

marie342005 said:

Can I use the police report to prove he's wrong?

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You can tell the court pretty much anything you want (as long it is the truth). How much weight the court gives it, if any, is up to the court.

How do I prove his stuff isn't at my house?

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You can't. It will simply be a matter of which 'version' is more credible.

I can't afford to pay him $1340.84

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Then go to court.

I'm a single mom working part time.

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Why is it that people insist on playing the 'single mom' card?? I don't care if you are a single mother, a grandmother, an invalid or brain dead. It makes NO difference and is just a feeble attempt at getting pity. Who's fault is it that you are single?? Were you married at the time you got pregnant? Do you KNOW who the father is?? Have you pursued child support from the father? Do you collect government assistance?
These questions are all just as relevant as your bleating "single mom.... pity me!".

What kind of proof does he have to show that that stuff is at my house or just that he actually has purchased it?

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He has to present enough 'proof' to convince the court that his 'version' is more likely than yours.

my ex is taking me to small claims court continued

still in the state of OH

I only have (4) of his movies. I also have one empty case (the DVD wasn't in there when he loaned it to me. I don't have any of his clothes, CD's, and miscellaneous items that he lists.
He lived with me a short time this past April, but not since. I moved out of that house on June 1st, and he has never lived with me in my current home. He did spend the night once, but he never moved his belongings in.
I just need to know how best to be prepared for court, and what all I can take with me to refute anything he may say (if that's possible). Should I take pictures of my home and belongings? My one neighbor said she'd go in to testify that he didn't live here and she never saw him bringing (moving things into my home. Should I do that?
I just want to be prepared the best I can to make sure I can win this battle. I will write him a letter telling him to come get the few movies that I have, but if he doesn't pick them up, I will take them to court with me. I did tell him 1 1/2 weeks ago to come pick them up, but he didn't. Is the verbal enough or does it still have to be the letter?
He has moved around a lot and even had yeard sales can I use that information to plead my case that he probably left things at those locations or sold them at the yard sale. I know the dates and location of the sale, but have no other proof about it so will that stand up in court? I know some of the people he stayed with over the last few months, but most are his relatives/friends. If I give the judge a list of their names and any addresses I know, will that help my side? What can I do to better present myself when I have no proof other than my word that his stuff isn't at my house? It's a he said she said thing so who does the judge believe? Some of these movies he says he has two copies of both of which I supposedly have and most of them are the current new releases. Won't the judge make him show receipts prooving he bought all this stuff first of all? Won't it get thrown out if he doesn't have receipts? Will I have to reimburse him for anything he might have a receipt for or just if he can proove it was in my house?
I've never been taken to small claims court before so I don't know what is considered proof and what isn't and how I can defend myself when I have nothing but my word. PLEASE HELP!!