please help exgirlfriend problems

[miguel562enciso]

What is the name of your state (only U.S. law)? CALIFORNIA


Hello can anyone please help me my name is MIGUEL i live in long beach ca.

My ex girlfriend got a flat screen tv that cost around $600 dollars on my credit under my name, she said she will pay it all off but ever since we broke up she has not paid any of the monthy payments, and i have told her i will pay her what she has paid so far on the tv so i can get the tv and finish doing the payments but she ignores me and wants to keep the tv and not pay the monthy payments . . Is there anything i can do? By the way i live in LONG BEACH CALIFORNIA and she lives in PORTERVILLE CALIFORNIA which is like a 4 hour drive away from each other.What is the name of your state (only U.S. law)?

 

[JETX]

Is there anything i can do?

Yes. You can file a claim for the damages (cost of the purchase) in small claims court. However, you can bet that if she denies the claim in court it will be that it was a gift and not a loan. What evidence can you present to show it was in fact a loan (she agreed to pay for the item) and it was not a gift??

 

[miguel562enciso]

Yes. You can file a claim for the damages (cost of the purchase) in small claims court. However, you can bet that if she denies the claim in court it will be that it was a gift and not a loan. What evidence can you present to show it was in fact a loan (she agreed to pay for the item) and it was not a gift??

What kind of things can I use to proof that it was a loan and not a gift??

 

[Antigone*]

What kind of things can I use to proof that it was a loan and not a gift??

A signed agreement would probably seal the deal.

 

[miguel562enciso]

By the way i live in LONG BEACH CALIFORNIA and she lives in PORTERVILLE CALIFORNIA which is like a 4 hour drive away from each other.What is the name of your state (only U.S. law)?

So which court do I need to file a small claims, in her city or my city? (She lives 4 hours away from me)

 

[CourtClerk]

So which court do I need to file a small claims, in her city or my city? (She lives 4 hours away from me)

Where was she when she opened the credit account or purchased the tv and made said "promise" to pay for the TV?

 

[JETX]

So which court do I need to file a small claims, in her city or my city? (She lives 4 hours away from me)

You have to file in HER home county.

From the California Consumer Affairs site:
Where Do You File Your Case?

It's important to file your case in a proper small claims court. In large counties, the county is divided into areas of court location. In those counties, you also must file your case within the proper area of court location within that county.

To determine what court or courts may be proper in your situation, it's wise to consult a small claims adviser. You will save yourself and the other party a lot of trouble and possible cost if you carefully choose the court in which you file your claim.

As a general rule, a case must be filed in the county (and area of court location) in which the defendant resides. This general rule promotes fairness, since it's usually easier for a defendant to defend a case if it's filed in the locality where the defendant resides.
The Small Claims Court, A Guide to Its Practical Use - California Department Of Consumer Affairs