Small claims

[Annie1234]

What is the name of your state? Vermont

I am actually posting this for a friend of mine. Her ex is suing in small claims court for a number of things, including rent, bills, and material items that were paid for out of a joint account they had together. So how does this work legally, say for example the rent is $500, it was paid out of their joint checking account, and he is suing her for $250. Bank records also show that she contributed more than 50% of funds to the joint account, is this taken into consideration?

Other questions . . . he moved out of the apartment and is now suing for 1/2 of the security deposit, can he do this?

Also he is asking for $$ for items that she offered to give back to him but now he wants $$ instead of the items. How does this work.

One more, he is also requesting a cat that they owned & she still has, I thought you could only award $$ in small claims, and how do you prove ownership of a cat?

Thanks!

 

[zippysgoddess]

I cannot answer your other questions but being a cat freak, I can answer that one, normally ownership of the pet is decided by seeing whomever took the animal to the vet to provide necessary medical care. If your friend took the cat to the vet and signed papers for its care or provided the payment for its care then she would be considered the owner in most cases.

If she did not, or no care was provided then there is a sticky situation regarding the animal.

 

[Annie1234]

Thank you Zippy, this gets tricky b/c they both have veterinary records for the cat in their name (his before the break up & hers after).

 

[BL]

What is the name of your state? Vermont

I am actually posting this for a friend of mine. Her ex is suing in small claims court for a number of things, including rent, bills, and material items that were paid for out of a joint account they had together. So how does this work legally, say for example the rent is $500, it was paid out of their joint checking account, and he is suing her for $250. Bank records also show that she contributed more than 50% of funds to the joint account, is this taken into consideration?

Other questions . . . he moved out of the apartment and is now suing for 1/2 of the security deposit, can he do this?

Also he is asking for $$ for items that she offered to give back to him but now he wants $$ instead of the items. How does this work.

One more, he is also requesting a cat that they owned & she still has, I thought you could only award $$ in small claims, and how do you prove ownership of a cat?

Thanks!

Security Deposit :
Was there a Lease ?
Did the other tenant break the Lease ?
If it was month to month only , was their proper notice to vacate given ?

Items:

If the items were offered to be returned , and were refused by the owner , that should end that .

Rent & Bills :


If there were an agreement , then that person would owe .

If there were NO agreement , the Judge could look at this as playing house .

This all depends on what Proof is Offered to the Court .

 

[Annie1234]

Thank you for your reply:

Security Deposit :
Was there a Lease ?
Did the other tenant break the Lease ?
If it was month to month only , was their proper notice to vacate given ?.

There was a lease, he actually broke the lease agreement by moving out early. She still lives there with a friend and pays rent, the lease has been chaged to reflect the new tentants.

Items:
If the items were offered to be returned , and were refused by the owner , that should end that.?.

Will a verbal statement stand up in court, ie he came by to pick up his things & didn't take these items, she also tried to return some of them and he refused them . How about the other items? They were paid for out of a joint account, which she paid more into than he did - all bank paperwork is available.

Rent & Bills :
If there were an agreement, then that person would owe .
If there were NO agreement, the Judge could look at this as playing house .
This all depends on what Proof is Offered to the Court .

I don't quite understand this, the bills were actually all in his name, and now he is trying to get her to pay half of them - just for the month of the break up. During this month and all other months they were paid for out of the same aforementioned joint account.

Thanks!

 

[BL]

Thank you for your reply:



There was a lease, he actually broke the lease agreement by moving out early. She still lives there with a friend and pays rent, the lease has been chaged to reflect the new tentants.



Will a verbal statement stand up in court, ie he came by to pick up his things & didn't take these items, she also tried to return some of them and he refused them . How about the other items? They were paid for out of a joint account, which she paid more into than he did - all bank paperwork is available.



I don't quite understand this, the bills were actually all in his name, and now he is trying to get her to pay half of them - just for the month of the break up. During this month and all other months they were paid for out of the same aforementioned joint account.

Thanks!

When and if you go to court , state you still have his belongings , and some belongings that were paid out of the Joint account .

Ya see , this is where this gets tricky ( you had a Joint account ) .

The Judge might just tell you look , I can't make heads or tales of this . You people were playing house with a Joint account . There is NO way I can decide on these issues .

If you have any of his personal belongings , tell the Judge that you still have them , he refused them , he can STILL have them .

For the bills , the Judge might decide since you had a Joint Account , you have to split them , unless you prove he broke the lease .

 

[Annie1234]

If you have any of his personal belongings , tell the Judge that you still have them , he refused them , he can STILL have them .

For the bills , the Judge might decide since you had a Joint Account , you have to split them , unless you prove he broke the lease .

Thank you again! What if she offers to return the belonings, but he requests $$ instead? Can the judge award that?

Also haven't the bills already been split seeing as they were paid out of the joint account, so no $$ should be awarded correct?

 

[zippysgoddess]

Here is the relevant cat question, has he been refusing to pay the vet bills since the break up, or just ignoring the need for vet care? If that is the case, it won't matter who paid before, it will matter who has been paying recently, when the care was needed.

Generally, any animal who has not been claimed within 3 days of being left somewhere becomes the propery of whoever has it, found it, or has been providing its care. There are ways this could be null though, if it is a pure bred animal with registration and ownership papers, that would depend on whose name is on them. My information basically applies to mutt animals with no registration.

 

[Annie1234]

Here is the relevant cat question, has he been refusing to pay the vet bills since the break up, or just ignoring the need for vet care? If that is the case, it won't matter who paid before, it will matter who has been paying recently, when the care was needed.

Thank you all for all the info! When they were together he happened to be the one who took the cat to the vet last, since the break up he has had no contact with the cat at all, so its most recent vaccines/ vet care were paid for by her.

 

[zippysgoddess]

Well if she provided the preponderance of the veterinary care, there shouldn't be a problem, all she will have to do, if he takes it to court is show the receipts for the care she has provided.

It appears to me that she cares about the cat, he wants to hurt her so he is trying anyway possible to do so, it can be devastating to lose a beloved pet and I think he knows that. He probably doesn't really care about that cat at all.

 

[BL]

Thank you again! What if she offers to return the belonings, but he requests $$ instead? Can the judge award that?

Also haven't the bills already been split seeing as they were paid out of the joint account, so no $$ should be awarded correct?

If you tell the Judge he has refused to retrieve his personal belongings , you still have them , he can still have them , the Judge should not award monetary allowance in lue of the belongings .

As a matter of fact if you are more creditable ( remember he broke the lease ) , and it's been over 30 days , the Judge just might rule it's his lose .

Yes , being a Joint account , the Judge won't be able to figure out squat , and call it a draw , hopefully .

As Judge Judy would say , you played house , it's over , get on with your life , and quit wasting the Court's time .