is it worth worrying about?

[kmroxy]

What is the name of your state? Colorado
I have a exboyfriend that has sent me a certified letter saying he's going to take me to small claims court. It was money that he didn't "loan" me. I was short on rent one month and i told him I was going to ask my parents for the money but instead he gave it to me. We never had a verbal or written agreement on having to pay it back at all. He gave me the money in a money order and I had the part that goes to me and I don't have it anymore, I probably threw it away. The reason I think he's doing this is because he's still bitter about me breaking up with him.I beleive the only reason he is doing this is because after we broke up, he started harrassing me and threatening me he was going to tell my parents about personal things I had told him. He also was leaving scary messages threatening me and had made me scare for my safety. So I then called the cops and filed a report and the cop talked to him and told him if he threatens me or harrasses me again he will be arrested. Because of that I think now this is why he is taking me to small claims court, just because he can't see me or talk to me. Is there anything I should worry about?can I counterclaim anything back? Should I bring the police report to court? Should I have put a restraining order against him instead of the police officer just talking to him?

 

[stephenk]

what was your understanding at the time he gave you the money - gift or loan?

 

[kmroxy]

There was no understanding at all he made it as though it was just something he was doing for his girlfriend.I guess you could say a gift.

 

[stephenk]

your reply was in the third person. Are you the person he gave the money to? if yes, when he gave you the money what did you understand the money to be - gift or loan? Did you two ever talk about the money, whether you were going to pay it back or him saying it was a gift? How did he present the money to you - here take it to pay the rent, dont worry about paying it back or pay me back when you can? you know what I am asking, dont play ignorant.

How long after this gift/loan was made did you two break up?

 

[kmroxy]

yes it was me.....A gift. We Never talked about me paying it back or anything. It was here pay your rent. We broke up along time after that, I believe it was six months.

 

[HomeGuru]

Wow, stephenk, a hot date.

 

[kmroxy]

does anybody out there have any info for me?

 

[stephenk]

if there is nothing in writing concerning the giving of the money to you, then he will lose on his claim the money was a loan. No efforts of repayment right? No email or note to him about how you will pay him back or here is some money toward the loan?

Then you have nothing to worry about.

So are you cute? hehe

 

[kmroxy]

nothing of that sort at all. I would say I'm very cute.

 

[stephenk]

Oh well, Im happily married, but it is always a treat to help a pretty woman. dont give up on us guys. there are good ones out there.

 

[kmroxy]

If there is any other information I can get from anyone such as, is there anything that I can counterclaim? Or any evidence I should bring to show that it was not a loan at all? I would greatly appreciate it. Or maybe a different opinion, I would like to know the possibilitiesof what will happen. This will be my first time going to small claims court.

 

[garp]

I'd countersue for $1000 because he kept a bunch of your personal belongings and go on the Judge Judy Show....

 

[kmroxy]

hahaha..... very funny. I'm being serious. I will ask again, can I counterclaim anything, should I bring the police report, should I bring cards and love letters to prove we were in a relationship? Because I have a feeling he is going to say we were not in a relationship,because he was engaged during the time we were together(now married) and I didn't know it.Yah,yah, I know the plot thickens. I would appreciate some more advice.

 

[stephenk]

what are you going to countersue for? Does he owe you money?

you cant just countersue because he is going to sue you. you need to have damages and a cause of action against him to recover for your damages.

just defend the suit if he decides to sue you. dont make it more complicated.

 

[kmroxy]

What about the cards or letters to show we were in a relationship. Will any of that do any good to bring?