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Conditional gift of TOOLS!

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little_red

Junior Member
What is the name of your state? NY

Hi.
I had purchased $2800 of tools for my ex-boyfriend in exchange that he would
1. fix up my appt
2. make "tons" of money using those tools so that we could live happily ever after.

After doing some sloppy woodwork, things between us fell apart and one day he vanished.
now, my appt is half way damaged. The wooden shelves are not finished not sanded stained or painted. The huge cracks that he made in the wall are still there. Total disrepair! on top of it I spent @ $2,000 at home depot for material some of which are still in the hall way talking up space. ( heavy wood )

I swthched my whole little appt around so that he could have a place to work Includind moving my daughter to a diffrent room) and now its all useless. all that money was spent but i want my place like I had it before.

I want to get the tools money back. possibly some supplies money and for what it will cast me to hire someone to finish.

I wont even go into the rent situation cause neither one of us have anything in writing.

now, what i do have is the creditcard bill for the tools and homedepot. no kind of written contract. is that enough??? would this be exactly how i put it when we go to court? I mean when he said hed make lots of money for us i understood that I wouldnt have to pay this creditcard bill all by myself! Should i ask for everything or half?

Also he took the bike he gave my daughter for christmass!

Thanks
JSWhat is the name of your state?
 


little_red

Junior Member
he has the tools. i have the bill. lol!
nothing else but a verbal contract that once he has the money hell pay it off.
is that enough for court?
and what about all the money i spent on the unfinished work?
 

BL

Senior Member
What do you mean? I want this bill paid off!!!
$2,800 is quite a bit for me! I am a single mom!

http://www.nycourts.gov/courts/nyc/smallclaims/pdfs/smallclaims.pdf

http://www.tenant.net/Court/Howcourt/sclaim.html

You claim to have had an oral agreement , so the burden of proof of damages and convincing the court that you bought the tools in exchange for work is on you .

You in fact have some material ( weather or not you can prove you bought them ) , are in your possession . ( you won't get the money for them ) .

You can not give a gift ( tools ) , then claim they were bought for exchange of services .

Either they were a gift , or they weren't .

You also allowed your X BF to work on your dwelling .

Small claims court filing fees are small .

Even if you won a judgment , you'd have to collect , if the judgment was no paid voluntarily .

Read the links .
 

little_red

Junior Member
He asked me to get it for him! It was not a gift. I purchased it because he had no money or creditcard. he assured me that when he started making money evry thing would be taken care of. That includes covering that bill! Thats the only reason I got it.

And are you saying even if i win i may not be able to collect? What about a court order?
 
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BL

Senior Member
He asked me to get it for him! It was not a gift. I purchased it because he had no money or creditcard. he assured me that when he started making money evry thing would be taken care of. That includes covering that bill! Thats the only reason I got it.

And are you saying even if i win i may not be able to collect? What about a court order?
Your heading is :

- Conditional gift of TOOLS!
Your judgment would be good for 10 years , then it's renewable for another 10 years .

Read the links about collection of judgments , or do a search .
 

little_red

Junior Member
Thanks.

I guess im not using the right terminology.

i am just curious why that term only applies to rings.
Because if it was a diamond ring i would have to give it back.
can i argue that getting the tools was contingent on us being together?
I would take the tools back and sell them if i could.


i bascically got swindeled. im just trying to find a best way recover something.
 

BL

Senior Member
Thanks.

I guess im not using the right terminology.

i am just curious why that term only applies to rings.
Because if it was a diamond ring i would have to give it back.
can i argue that getting the tools was contingent on us being together? I would take the tools back and sell them if i could.


i bascically got swindeled. im just trying to find a best way recover something.

He asked me to get it for him! It was not a gift. I purchased it because he had no money or creditcard. he assured me that when he started making money evry thing would be taken care of. That includes covering that bill! Thats the only reason I got it.
To answer your question , No . You keep grasping at straws and the relationship .

Your all over the place , and unless you have a solid story , you would trip yourself up in court big time .

Why don't you just file and argue what you quoted .

That he said he'd pay for the tools he wanted for employment .

When he left , he took them and the bike he bought your daughter as a x-mas gift .

See where it flies .
 

little_red

Junior Member
Im still in shock. This just happened yesterday so yes, i am all mambo jumbo in my head. but i think you said what i needed to hear.
thanks.
 

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