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When an Ex goes crazy....

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cheriao

Junior Member
What is the name of your state? I live in Minnesota currently, but this happened in iowa!

I hope this won't get too long winded, but I am not even sure where to start. I dated a guy for a short amount of time at the beginning of last year. Within that time he would give me money or we did things together, he bought things for my son, etc. We had a mutual relationship, so it wasn't anything unusual. Things start to go sour because he is abusive, and all of a sudden he wants his money back. We fought and fought and he made me sign a promissary note for $1000 for loans and services. (He has some big numbers for giving me money?!? and then babysitting my son, sigh) He said i didn't have to pay it, then he said I should, on and on, and then I get a thing in the mail and he is suing me. He said then that he didn't want to do it, then he said he did want to do it, and finally he said he was going to take it away and he didn't. I had my wages garnished and he was happy with his money.

Afterwards, he kept trying to make me meet him to give me back the money, and I refused. Told him just to keep it and leave me alone. He said he had the check ready to give back to me and was even asking my friends to get me to take the money back. Within all of this mess, I met and married the love of my life. He finds out, and he is upset. All of a sudden he doesn't want to give me the money back and tells a friend he is going to sue me for 2000 and then he will leave me alone. I think he is bluffing, he has NO reason to sue me again. I had nothing to do with him after the first time he sued me.

Fast forward to last month. I am served again for nearly $3500 for loans and services again. Before I was naive, this time I am FURIOUS. Is what he is doing illegal? Shouldn't he have just sued me for 4500 the first time? I have a trial set for next week, and I want to go as prepared as possible. I live in MN right now, but this happened in IA, so I have to go back to fight it. Is there anyway to get it dismissed before the trial, or do I have to go? Will there be any consequence for him for filing a lawsuit he already filed once? If he has the burden of proof, is there anything I need to bring? he doesn't have a promisary note or ANYTHING to that effect, so who knows what he is going to make up. Sorry, I hope someone out there got through this and can help. Thank you for your time.

Cheri
 


JETX

Senior Member
cheriao said:
Is what he is doing illegal?
What?? Suing you?? Of course that is not illegal!!

Shouldn't he have just sued me for 4500 the first time?
Not relevant what he might have, should have or could have.

Is there anyway to get it dismissed before the trial, or do I have to go?
Absent a summary judgment or dismissal, no. Go to trial.

Will there be any consequence for him for filing a lawsuit he already filed once?
Depends. Was a judgment rendered?? Were the issues the EXACT same ones being heard in this suit??

If he has the burden of proof, is there anything I need to bring?
Yep. You damn well BETTER take anything you have to support your defense against his claim(s)!! If you show up empty handed and without a defense, you WILL lose.
 
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I may be completely wrong here but in small claims don't you only get one shot at suing a person for the same reason? Meaning that if someone loaned you $4,000 once or over a period of time they can't sue you every 6 months for $500 because they think its fun. And since he got (maybe) a judment in is previous case as she had her wages garnished. Doesn't this sound a lot more like a case of him trying to force her to spend money to go to court as the case will be dropped from what I have read here? If he had loaned money after the first judgement that would be a different case.

I am not a lawyer but I do know that is the law in my state of Virginia. I have a feeling I will be corrected due to different state laws so please post it if that is true.
 

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