Big Question About Small Claims Matter

[girlwithemail]

MD: My ex is threatening to sue me for money he says I owe him for a camcorder he purchased for himself and I had agreed to buy him at one time. However, during the course of the relationship, I had loaned him money and paid back monies I owed him. He says I still owe him $400, but I have given him more than $1200 in cash (yes, I was stupid -- I never thought it necessary to get a written agreement or receipts from a boyfriend). All I have to prove my case are bank statements that would show the large cash sums I had withdrawn from my bank account over the past several months. Is this sufficient evidence? Also, does the question of character factor into a small claims case? This man is a proven liar with a checkered past (I just found out that he was involved with several other women while we were dating and has children from different relationships), and he needs about $400 to pay child support or else one of his children's mothers will be taking him to court. Could I file a suit against him to recoup some of my losses? Please help!

 

[JenniferH]

Threats are just that - threats. Unless he actually files in court and you are served notice of such. Then I wouldn't do anything.
People say alot, but it is the "action" they must go thru with!

Yes, you can write to him telling him what you think, but it would really be just a war of words and he possibly would be able to use that in court.

If you are served, go to court and hash it out. Bring all your evidence.

Remember he will have to prove his case, you don't have to prove his case. For one thing he will have to provide proof that you clearly owe him money for items or claims he lists in his complaint. Sounds like if it was verbal it will be verbal, he can claim verbal agreement, but he will have to prove to a judge of his claim.

Do you get my drift?

Good Luck,

 

[girlwithemail]

Re: Big Questions About Small Claims

Thanks, Jennifer. That makes me feel a lot better. Just one other question...would copies of my bank statements showing the large cash withdrawals qualify as evidence in proving my case? If so, I can breathe a BIG sigh of relief...

 

[JasonRT]

girlwithemail:

No, it wouldn't serve as sufficient evidence that you made the payments. You could have been making those withdrawls to support your drug or gambling habit for all anyone could know.

I suggest you pay him the $400 in exchange for him signing a liability release as to any past loans, gifts, purchases, etc. You can get a liability release from any website that supplies legal forms.

Cut your losses and save yourself the trouble. It's worth $400 to get on with your life and not deal with him anymore I am sure.


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[Dyer]

Im no professional but I wouldnt give that guy a DIME unless he took you to court. I dont see how anyone could grant him a judgment on that. He is probubly just threatning. It sounds rediculously enough that if he wanted to go to court for that I would go just to see him get denied.