• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Ex gf trying to claim TV we bought together (details inside)

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Atherton213

Junior Member
What is the name of your state (only U.S. law)? FL

About a year ago me and my ex bought a expensive tv together, i paid about $1700 and she paid about $1000 for it. After some tought times we broke up in late June/July. She eventually moved all of her stuff out in mid August (might has been sooner than that actually cant remember exactly when). She is now claiming i owe her the $1000 for the tv. Right now i dont have that money to give her. Does she have a leg to stand on if she took me to small claims court. (now being well over 120 days since she moved out... if this even matters?). She had said previously that she didnt want the tv. Because she said to pay her the $1000 and i told her no you pay me my 1700 and it just kind stopped there until now. If she is able to sue me how would what kind of laws are in my favor and what kind are in hers? (would like to know both sides to be prepared. If she does and is able to sue can i counter-sue for the $1700 then?. This tv has been in my possession in my home (only my name on the home) since it was bought. And if this is also the case can I add a cell phone (plan is in my name) that she used to pay 1/2 the bill for that she hasnt paid me for and im now stuck paying for till the contract is up. I dont want to go this route because its not the type of person I am, but she is the one who is threatening me
 


OHRoadwarrior

Senior Member
Her investment in a new tv 1 year ago, is not what the current value of the same tv used is. She might prevail in the depreciated value of the used tv, however, you could counterclaim for the cell phone bill.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? FL

About a year ago me and my ex bought a expensive tv together, i paid about $1700 and she paid about $1000 for it. After some tought times we broke up in late June/July. She eventually moved all of her stuff out in mid August (might has been sooner than that actually cant remember exactly when). She is now claiming i owe her the $1000 for the tv. Right now i dont have that money to give her. Does she have a leg to stand on if she took me to small claims court. (now being well over 120 days since she moved out... if this even matters?). She had said previously that she didnt want the tv. Because she said to pay her the $1000 and i told her no you pay me my 1700 and it just kind stopped there until now. If she is able to sue me how would what kind of laws are in my favor and what kind are in hers? (would like to know both sides to be prepared. If she does and is able to sue can i counter-sue for the $1700 then?. This tv has been in my possession in my home (only my name on the home) since it was bought. And if this is also the case can I add a cell phone (plan is in my name) that she used to pay 1/2 the bill for that she hasnt paid me for and im now stuck paying for till the contract is up. I dont want to go this route because its not the type of person I am, but she is the one who is threatening me
RE the cell phone, you ought to at least be able to get that monthly contract reduced to the lowest possible contract. If you don't have possession of the phone you can also suspend service to it.
 

latigo

Senior Member
What is the name of your state (only U.S. law)? FL

About a year ago me and my ex bought a expensive tv together, i paid about $1700 and she paid about $1000 for it. After some tought times we broke up in late June/July. She eventually moved all of her stuff out in mid August (might has been sooner than that actually cant remember exactly when). \

She is now claiming i owe her the $1000 for the tv. Right now i dont have that money to give her. Does she have a leg to stand on if she took me to small claims court. (now being well over 120 days since she moved out... if this even matters?). She had said previously that she didnt want the tv. Because she said to pay her the $1000 and i told her no you pay me my 1700 and it just kind stopped there until now.

If she is able to sue me how would what kind of laws are in my favor and what kind are in hers? (would like to know both sides to be prepared. If she does and is able to sue can i counter-sue for the $1700 then?. This tv has been in my possession in my home (only my name on the home) since it was bought. And if this is also the case can I add a cell phone (plan is in my name) that she used to pay 1/2 the bill for that she hasnt paid me for and im now stuck paying for till the contract is up. I dont want to go this route because its not the type of person I am, but she is the one who is threatening me
Q: What laws are in her favor?

A: None. That is unless she can convince a judge that you unconditionally promised to reimburse her for her contribution towards the purchase of the TV.

And because she would have the burden of persuasion in a court of law, her evidence of such a promise would have to be more than her oral testimony. That is, provided you would refute it.

By the same token you would not have a sustainable cause of action against her for the amount of your investment.

When you two purchased the set as indicated it became jointly owned which means that each have equal rights to its possession and use.

Consequently her only legal recourse to recoup the value of her interest would be to pursue a very complicated and expensive judicial proceeding known as partition of personal property.

The theoretical result being that the court would order the set sold at public auction with the net proceeds divided as your respective ownership interests appear.

___________

With respect to the cell phone business, unless her name is on the account, or you have something in writing in which she agreed to be jointly responsible for the services charges, forget it.

Just consider yourself fortunate that you didn't tie yourself to a joint mortgage to purchase of a home. Because your present legal concerns would seem petty in comparison.

So keep that in mind during any future extended sleepovers. And if you insist on 24/7 companionship, buy a dog.
 
Last edited:

Atherton213

Junior Member
thank you for the reply. Does the fact that she is coming after this after more than 120 days mean anything? or could she come back after this years later.

To prepare for the small claims if it does get that far I should get the current sale price of the tv if the judgment does end up in her favor... which it really shouldnt but never know. What else should I have ready for this?
 

Ohiogal

Queen Bee
thank you for the reply. Does the fact that she is coming after this after more than 120 days mean anything? or could she come back after this years later.

To prepare for the small claims if it does get that far I should get the current sale price of the tv if the judgment does end up in her favor... which it really shouldnt but never know. What else should I have ready for this?
120 days is nothing. She has until the SOL runs to bring a claim. (Statute of Limitations)
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top