Urgent Need advice FAST!!!!!!!!!

[mmdavis1]

What is the name of your state? North Carolina

hello.

I will try to make this as brief as possible, without leaving out important information. On appx. Feb. 2001, I began dating a guy. We dated for appx. 4 months. During this time, he tried to BUY me and my children. In April, of 2001, he bought my children a used 1984 suzuki 4 wheeler 160, from a friend of his. He also bought them 2 helmets to go with them. When I broke up with him in June of 2001, he got crazy. He stalked me, harrassed me, followed me, and eventually, I took out a warrant against him after I called the police to my house and they told him to leave me alone, they also advised me to take out the warrant. As soon as the police stopped him, he stopped at a pay phone and called me and left me a message about being really angry for me calling the law. The Judge found him guilty, gave him 45 days jail, suspended, 2 years probation, a fine, and he had to attend anger management classes. He threatened to come and get the 4 wheeler, and I told him to come and get it! HE started crying saying he was just mad and he DID NOT want the 4 wheeler, that he was just mad! SO, in FEB, of 2002, I sold the 4 wheeler to a neighbor across the street, we were moving and the 4 wheeler wouldn't even run, and I am a single mom and could not afford to fix the 4 wheeler and could not have it where we were moving to, there was no where for them to ride it. We sold it for 500.00. Well, in March of 2003, almost 2 years later, he is suing me for the 4 wheeler! He had 2 copies of a receipt for the 4 wheeler, showing he paid 900 for the 4 wheeler. MY copy has a DATE of 8-22-01, and HIS copy, the yellow copy had NO date on it! HE WROTE the date in on one of them! FIRST of all, we were NOT dating on 8-22-01! That's when he claimed he bought it. I have a PICTURE of my Father sitting on the 4 wheeler, at my old house dated 7-24-01!!!!!!!!!!!!!! Showing it had to be purchased before 8-22-01. Also, I have the receipits for the helmets. He is saying now he just brought it to my house for them to RIDE. And like I said, this has been over 2 years ago since he bought the 4 wheeler. but not according to his written in date. When we went to small claims court, the MAgistrate said that a GIFT is not a GIFT, and that he can be an INDIAN GIVER IF he wanted to be! He didn't even listen to what I had to say. Since he sued for the 4 wheeler and I do not have the item, the Magistrate told him he would have to take me BACK to small claims for the money! So he did that. I filed an appeal and my court date is Wed, June 11th. What can I do to prove this, and isn't a GIFT a GIFT????? Does this mean that I can give a gift to someone and then take it back whenever I want to?? Please help if you can! I am so confused! I did contact a lawyer who told me a gift is a gift and cannot be taken back. Also, since I appealed giving the 4 wheeler back, and he filed a new claim, do I have to go back for the money claim or will the Judge Wed dismiss it??
Thanks so much for any advice!!!!!!!!!!!

 

[Terry7]

I'm not familiar with your State Laws,but could clear some Questions Up ?

What do you mean by YOUR RECEITS ?
What Court were in that the Judge said a gift is a gift,and he can be an indian giver ?
What were you Appealing From ?

 

[lwpat]

"1984 suzuki 4 wheeler 160"

In some states they are required to have a title just like a car. Check with a local dealer. If he does not have title then he may not be able to prove ownership.

Actually, I am confused. Was there a ruling in the first case? If so what exactly did it say? You would need to get a copy of the record from the court.

If the judge has already ruled that he was the lawful owner then the only matter to be decided would be the damages. However, this is usually ruled upon at the same time.

You admit that you received 500. Why don't you just offer to pay him and forget about the situation. Is it really worth all of the time and frustration?

 

[djohnson]

I agree, I am also confused. If all the facts are as you state I have a hard time believing a judge saying a gift is not a gift and awarding to him. I think there is more to this case that had a large play in the ruling that isn't stated here.

 

[stephenk]

Plus, you still have a restraining order against him right? Then why all the conversations with this guy concerning the ATV? Have you called the police to report his violations of the restraining order? Did you inform the judge in the small claim hearing that you have a restraining order against him?

 

[mmdavis1]

Urgent

I will try to reply to all of these questions at once!
First of all, the case was heard by a Magistrate! (who is also a substitute teacher at schools here) There is no title to the 4 wheeler. He has a FAKE receipt from a FRIEND of his where he even wrote the date in. Which the DATE he wrote on it is invalid because we were not even dating then. As far as the restraining order, I did tell the magistrate, but he has not been calling me because I changed MY NUMBER to unlisted when he was stalking me, so he has not been contacting me.......just my friends!

As far as there being a lot more to the story...there is not! I basically said EVERYTHING that has happened! The magistrate said, well, you had the 4 wheeler, he has the receipt. I said, "It was a GIFT" The magistrate said, "WELL, he can be an Indian Giver IF he wants to be, he has a receipt showing he bought it!" What I do not understand, is how that is possible!? Does that mean that I can take back ANY gift that I give someone years later???

I am appealing the ruling that a gift is a gift! See, I do not OWN the 4 wheeler anymore, I sold it on January 13,2002. SO NOW, the guy has to sue me for the money. So he has taken out another action against me for the actual money, since I do not own the 4 wheeler anymore!

As far as worth the hassel, 2 years ago I TRIED to give the 4 wheeler back, and he would NOT take it back!!!!!!!!!! Now, after 2 years ago, he wants it back! I sold it over a year ago, when I loved! The main point here is he wrote a FAKE receipt, and after all this time he is trying to get it back! I DO NOT believe a GIFT is NOT a gift, and that anyone, at any time, can take something back from someone! Where does it stop? What about things I bought him? Or anyone for that matter?

Thanks again guys! For all the advice!

 

[mmdavis1]

urgent

Also, The court papers from the case said he was the owner and I had to return the 4 wheeler. Well, I SOLD it last year, and cannot return the 4 wheeler, so the guy has to take me BACK to small claims for the actual money he paid for the 4 wheeler with is FAKE receipt!

 

[djohnson]

On the recepit that he has, how is the ATV identified? Does it have a serial number on it? How did he get the serial number so long after the fact? If it doesn't have one and you can prove it is dated incorrectly wouldn't that just prove that he had bought another ATV that you did not have at any time?

 

[mmdavis1]

urgent

See, there are TWO copies of the receipt. I have the White one and he has the yellow one. On my white one there is a date, written with ANOTHER color of ink, dated 8-22-01. On the YELLOW copy, there is NO date at ALL! The receipt is written by his friend, who he bought the 4 wheeler from, it says, "receipt for sale of Suzuki LT 160 4 Wheeler Paid in full 900.00 received by David Barksdale! NO SERIAL NUMBERS!!!!!!!!!!!!! (I have the serial numbers from where I SOLD the 4 wheeler though) I was not even dating him in August!

It basically boils down to the fact that I tried to give it back when I took the warrant out on him for stalking me, just so he would leave me alone. He WOULD NOT take it back, and now he is PULLING this mess after all this time! And the receipt is a crock! Yes, he bought it, I do not deny that! I DO NOT know HOW MUCH he paid for it or anything. He gave it to my daughter and son That is all! It is another way to harrass me legally That's all I know And the magistrate really didnt give me a lot of time to speak He said he can be an Indian Giver and the judgement was for me to return it! Which I can't! So now he wants the 900.00!!!!!!!!!!!!!!

 

[Terry7]

Thank you for clearing things up.
The white copy is usually the costomers' receit.

The yellow copy,is a carbon of the white. I don't see how the date didn't show on the yellow one ,unless the writter didn't press hard enough when writing the receit.( your X could have entered the approx. dt. as he recalled ).

You say It was worth $900.00,but then say you don't know how much he paid. The receit would/should have the price on it.( both copies,if the writter pressed hard enough when writting ),but since you have the white copy,the price should be written.

You can-not prove it was a gift,If he denies it,unless you have Whitnesses that heard, it from his mouth, that it was given to you ,or your children.
How old are the children now,can the testify ? If so have them in court as whitnesses,and any other whitnesses.

When you attempted to return it,and he refused (2) yrs ago, You should have written a notorized-certified return receit letter ,advising him if he don't pick it up or make arrangements for it's pick-up ,you would consider it abandoned.

I don't know If you have whitnesses that heard you tell him you wanted to return it,and he refused.Your state "might" have an abandoned property Law.

I think what it boils down to is you had a restraining order against him.Although he could have had a police officer accompany him to retreive his property,he did not.

You would really have to prove since you put a restraining order agaist him,you told him to get it,and he refused.
You could then argue since he took no other actions (2) yrs ago,you considered it abandoned.

In small claim In Ny there is (3) phases of (1)small claims. ( if your not happy with that decision ), (2) then file a trial D'nova wich starts from scratch and is recorded ( the first judges ruling could be brought up ). and (3) and appeal of the trial D'nova.
(ck with you clerks to see your proccedures there.)

 

[mmdavis1]

Urgent

Thanks SO much for ALL the replys you have given me!!!! This has been a big help!

I did consider it abandoned, and since it wasn't running half the time and I am a single MOM I could not get it fixed or afford to get it fixed!

When I say that the receipt shows he paid 900.00, that's what HE says and see, he bought it from a FRIEND, who supposedly WROTE the receipt for him, AFTER the fact! He could have paid 100.00 and his friend is lieing for him. That's what I mean by that.

He did write the date on the WHITE copy, which I was GIVEN by mistake with the court papers. He WROTE the DATE on it and it was THE wrong date, as he bought it in April of 2001, not August of 2001, which I have friends who can verify that. (Plus I have a picture of it which was taken on 7-24-01) SO how did he buy it in August??? It shows he is lieing!!!!!!!!!!!!

I do HAVE WITNESSES who KNOW it was a GIFT and HEARD him say it was a GIFT! (which the magistrate did not even let them speak!!!) And my daughter, who was given the gift, is now 13 years old.

I will check on that abandoned property law! Thanks!

 

[mmdavis1]

An Update!

Hello all!

I just wanted to say thanks to everyone who gave me advise! We had to go back to small claims because since I no longer owned the 4 wheeler, he wanted the money. I could not go that day, and it was also the SAME magistrate! And since he said he could be an Indian Giver if he wanted to be, and ordered me to return the 4 wheeler (that I no longer owned) I knew he would rule against me again, and tell me to pay the money! So since I did not go, they ruled against me (which would have happened even if I went) So I appealed it to District Court, and I WON! I do not have to pay the money! My daughter took the stand and a friend who was there 2 years ago when I told him to take the 4 wheeler and he said he did not want it. Anyway, I just thought I would let everyone know the outcome!

Thanks again!