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To anyone who has been taken advantage of by an x wife...

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Betrayed1

Junior Member
What is the name of your state? California

I have a small claims case coming up in three weeks with my soon to be x wife. I am still awaiting the final court date which is set in a default setting. The jist of her claim is payment of a very expensive TV (7400) taken out in her name (while we were married). We had seperated several times and I drew up and notorized a contract between us that I would make the payments on the TV if she was to never make contact with me again (after several attempts of filing restraining orders) The line of the contract we drew up that I have question on is "If anyone should break the contract the other party reserves the right to sue for personal property damages only"; She broke her end of the contract and so have I by not making payments on the TV. Any advise on how to get out of this one? She really has gotten the best of me and manipulated the system to the fullest extent and I am at this point only seeking to take back a small part of everything she has milked from me (the loss of my business as a result of it) for principals sake (yes I know - I asked myself already is it worth it?.. and I do not want to do anything illegal) . Any advice or if you need further details about the contract please let me know. I am eager to hear what the experts have to say about this.

Many many thanks!
Frank
 
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dcatz

Senior Member
Who breached first and, if it was the soon-to-be-ex, could you prove it?

What is she claiming as "personal property damage"? Was the TV repossessed? Was there "damage"?

(That term has specific context(s) in CA jury instructions, and I'm trying to see where the economic and/or non-economic damage lies.)

If the TV wasn't repossessed, who has it? Is the only *real* injury the fact that the TV is not fully paid-off?

(This is not responsive to your question, and I'm not being judgmental, just curious - why was the contract written to provide for "personal property damages only" as the penalty for breach?)
 

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