Making payments on appliances I can't recover.

[LdiJ]

Nowhere does OP say that the ex-girlfriend is claiming the items as a gift. If OP is paying for the items, they are legally his. If she wants them, she's on the hook to pay for them.

This isn't a family court case where judges think up stupid reasons like "gift" to screw husbands and favor wives.

The people in this thread are not married to each other and never have been.

 

[Antigone*]

If this thread were about a diamond tennis bracelet, I'd say the OP was SOL; but this is about appliances and the OP was living there. I'd say the OP has a good chance at getting a judgement. Getting paid, however that is horse of a different color.

 

[Bali Hai]

The people in this thread are not married to each other and never have been.

I'm glad you realize that.

 

[mistoffolees]

If this thread were about a diamond tennis bracelet, I'd say the OP was SOL; but this is about appliances and the OP was living there. I'd say the OP has a good chance at getting a judgement. Getting paid, however that is horse of a different color.

OP's first post said that he was interested in recovering his property rather than collecting money. If he can get a judgment in his favor, he can simply show up and take his appliances.

If he is concerned about violence, he can request a civil standby.

 

[Bali Hai]

If this thread were about a diamond tennis bracelet, I'd say the OP was SOL; but this is about appliances and the OP was living there. I'd say the OP has a good chance at getting a judgement. Getting paid, however that is horse of a different color.

No problem, if he picks up the items that rightfully belong to him, he won't have to worry about the ex-girlfriends contempt of violating the court order.

I would question OP's judgement if he bought a very expensive diamond tennis bracelet for anyone but his mother.

Fake diamonds are adequate for anyone else.

 

[Antigone*]

OP's first post said that he was interested in recovering his property rather than collecting money. If he can get a judgment in his favor, he can simply show up and take his appliances.

If he is concerned about violence, he can request a civil standby.

Is Idaho's small claims court a court of replevin? I haven't checked that out. If is is not the award will be monetary.

 

[Bali Hai]

Is Idaho's small claims court a court of replevin? I haven't checked that out. If is is not the award will be monetary.

That's alright, if the ex-girlfriend doesn't pay the monetary judgement, she can sit in jail until she does.

 

[Zigner]

That's alright, if the ex-girlfriend doesn't pay the monetary judgement, she can sit in jail until she does.

Please cite your source that states that failure to pay a civil judgment (small claims) is punishable by jail time.

 

[startedone]

The police are correct however I think you have a losing case.

Just because you financed does not mean your parting gift was not a gift.

I agree .. heard the phrase "possession is 9/10ths of the law"? It applies here.

Sorry, but you'll have to continue to pay...if not, they won't repo the appliances and cancel the debt.

 

[mistoffolees]

Please cite your source that states that failure to pay a civil judgment (small claims) is punishable by jail time.

Failure to pay a small claims judgment will not result in jail time.

It IS possible for a civil judgment to result in jail time, though (Child Support).

 

[nextwife]

In small claims it is most likely there'd simply be an order allowing him to retrieve HIS property. There is no reason to propose or surmise that a washer and dryer he bought and used in his own residence was a gift to someone else. There is nothing on which to base that proposition, other than an antiquated idea that clothes washing must somehow be there for the female of the household.

I wonder if the ""gift" idea would have been floated if the genders were reversed?

 

[Zigner]

Failure to pay a small claims judgment will not result in jail time.

It IS possible for a civil judgment to result in jail time, though (Child Support).

THAT is why I asked for a cite as it relates to small claims

 

[mistoffolees]

THAT is why I asked for a cite as it relates to small claims

Grammatically, that's not quite what you asked. You asked if it were possible to go to jail for failure to pay a civil penalty (with small claims offered as one example - because it was in parentheses). If you had meant to ask whether small claims could result in jail, your sentence should have been worded:

Please cite your source that states that failure to pay a small claims judgment is punishable by jail time.

But that's being pedantic. Sorry.

 

[Zigner]

Grammatically, that's not quite what you asked. You asked if it were possible to go to jail for failure to pay a civil penalty (with small claims offered as one example - because it was in parentheses). If you had meant to ask whether small claims could result in jail, your sentence should have been worded:



But that's being pedantic. Sorry.

 

[Bali Hai]

I agree .. heard the phrase "possession is 9/10ths of the law"? It applies here.

Sorry, but you'll have to continue to pay...if not, they won't repo the appliances and cancel the debt.

It appears junior high school is already on holiday break.