• 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 threatening to sue me

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

shadow12

Junior Member
What is the name of your state? GA
I just broke up with my girlfriend. We did not live together, however over the course of our relationship she purchased 3-5k dollars with of furniture and other household items for my apartment. I never offered to pay her for these items, as most of the purchases were because she did not like the stuff I had. Since our break up I have told her to come get the items she purchased. She refuses and now says I owe her the money for the items. She also says she is going to sue me for the money. My question is, does she have a claim? I have already told her to get the stuff, she is more than welcome to it and I do not have the means, nor the desire to pay her the money.
 


BelizeBreeze

Senior Member
What is the name of your state? GA
I just broke up with my girlfriend. We did not live together, however over the course of our relationship she purchased 3-5k dollars with of furniture and other household items for my apartment. I never offered to pay her for these items, as most of the purchases were because she did not like the stuff I had. Since our break up I have told her to come get the items she purchased. She refuses and now says I owe her the money for the items. She also says she is going to sue me for the money. My question is, does she have a claim? I have already told her to get the stuff, she is more than welcome to it and I do not have the means, nor the desire to pay her the money.
Send her a CERTIFIED (RRR) letter demanding she remove the items from your residence within 5 working days from receipt of the letter or you will sue her for storage.
 

shadow12

Junior Member
Still wondering

That is a good plan, but the question remains, does she have a case? This woman has a lot of money and a lot of lawyer friends. I think it is just a threat, but I don't want to discount it if she has a case.
 

BelizeBreeze

Senior Member
That is a good plan, but the question remains, does she have a case? This woman has a lot of money and a lot of lawyer friends. I think it is just a threat, but I don't want to discount it if she has a case.
why do you think I told you to do what I said?
 

GatorLaw

Member
You have been given good advice, so follow it. Send certified mail return receipt requested letter demanding her to collect the property or pay storage fees. Because you are still afraid of a lawsuit, lets break down the cause of actions she MIGHT have against you:

Civil:

Conversion of Property - unjustified willful interference with the chattel deprives plaintiff of possession of such chattel. This is why it is important to send that certified letter. The letter lets you say to everyone "Hey, I'm trying. Typical remedies for conversion include 1. returning the property 2. paying for the property 3. and/or paying for the loss of use of the property. Hey! Returning the property, who would have thought!

Trespass to Property - You intentionally interfered with another person's lawful possession of a chattel. The interference can be any physical contact with the chattel in a quantifiable way, or any dispossession of the chattel (preventing the owner's access to it). Actual damage need not be shown. Certified letter = not interfering with her property. So SEND THE LETTER.

Criminal:
Larceny/Grand Larceny - depends on the cost of the property as to which classification it is. You are taking property with the intent to permanently depriving her of it. The certified letter shows you have no intent at all to permanently deprive her of the property, so no lawsuit.

Does this make you feel any better?
 

BelizeBreeze

Senior Member
You have been given good advice, so follow it. Send certified mail return receipt requested letter demanding her to collect the property or pay storage fees. Because you are still afraid of a lawsuit, lets break down the cause of actions she MIGHT have against you:

Civil:

Conversion of Property - unjustified willful interference with the chattel deprives plaintiff of possession of such chattel. This is why it is important to send that certified letter. The letter lets you say to everyone "Hey, I'm trying. Typical remedies for conversion include 1. returning the property 2. paying for the property 3. and/or paying for the loss of use of the property. Hey! Returning the property, who would have thought!

Trespass to Property - You intentionally interfered with another person's lawful possession of a chattel. The interference can be any physical contact with the chattel in a quantifiable way, or any dispossession of the chattel (preventing the owner's access to it). Actual damage need not be shown. Certified letter = not interfering with her property. So SEND THE LETTER.

Criminal:
Larceny/Grand Larceny - depends on the cost of the property as to which classification it is. You are taking property with the intent to permanently depriving her of it. The certified letter shows you have no intent at all to permanently deprive her of the property, so no lawsuit.

Does this make you feel any better?
Such a nasty, matter-of-fact reply....A man/woman after my own heart :D
 

GatorLaw

Member
yep, so far i've only met one person here that doesn't have that tone. I guess it's just a side effect from your environment.
Early classes + late classes = grumpy answers. So I suppose it is my environment.

Also, most people fail to grasp the power of doing something as simple as sending a certified letter. Driving it home with a little sarcasm will generally do the trick.
 
i understand. I was just discussing your "location" with a friend a little while ago. You have the same problem with legal advice that i have with computers. Although now, computers have become integrated into the curriculum throughout school and Law still has not.

General psychology, sociology, public speaking, computer usage, and several other classes are a core part of a college education. These don't educate at a very intense level, but what they do is give a person the ability to comprehend a related problem better. More importantly, it gives you enough foundation to know how to find the answer yourself. So i wonder: why is general law not part of a core curriculum? I think it should start with one class at the high school level, and one at the college level.

OP: Sorry to go way way way off topic.
 

GatorLaw

Member
i understand. I was just discussing your "location" with a friend a little while ago. You have the same problem with legal advice that i have with computers. Although now, computers have become integrated into the curriculum throughout school and Law still has not.

General psychology, sociology, public speaking, computer usage, and several other classes are a core part of a college education. These don't educate at a very intense level, but what they do is give a person the ability to comprehend a related problem better. More importantly, it gives you enough foundation to know how to find the answer yourself. So i wonder: why is general law not part of a core curriculum? I think it should start with one class at the high school level, and one at the college level.

OP: Sorry to go way way way off topic.
Why law classes are barely available in undergrad and not at all in high school is beyond me. I completely understand your computer statement too (undergrad was computer engineering).

There are just basic things that a small class in high school would solve. A finance class to learn how to file a 1040, how to budget money, and why credit cards are bad ideas. A basic law class on your rights with an interaction with police, basic contract elements, etc. Most universities don't even offer classes on these basic things that we encounter in our everyday lives. Undergrad and even high school in some part seem to move away from practicality and more towards theory with the idea that the practical stuff you will just stumble through and experience on your own.

Oops, sorry for the thread hijack!
 

Find the Right Lawyer for Your Legal Issue!

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