Bigger Than Small Claim Question

[BinkaMarie]

I am in Birmingham, AL and have filed a claim against my ex-boyfriend. He was living with me for off and on for the last 3 years and has owed me $ all that time. When we broke up, he owed me $4,500. He wasn't happy about it, but we decided that I would keep some things (bicycle, tv, vcr, etc.) in partial payment of his debt. He didn't pay the balance, so I filed in District Court. In AL, if the amount is over $3,000, it can't be in small claims court. I subtracted the approximate value of the items kept and filed for $3139. I received and Answer and Counter-Complaint from a lawyer with seven defenses (fails to state claim upon which relief can be granted, lacks jurisdiction over defendant, lacks jurisdiction over subject matter, insufficiency of process, improper venue, denies allegations, reserves right to amend answer after further discovery). He requests that property be returned. I am willing to return the property if I receive the $4,500 or keep the property if I receive the $3,100. In terms of documentation, I kept a running balance of all money owed, the various debits (half of utilities, things I bought for him as loans, cash loaned, half of groceries I purchased, IRS bills I paid for him, car insurance I paid for him, rent I paid for him, etc.). Also there are credit columns from when he gave me money to pay down the debt or grocery receipts that I credited him with half of. I also have emails acknowledging that he owes me money and intends to pay it. I have at least 90% of the receipts and all of the utility bills, credit card bills, bank statements showing both debits/checks and deposits, check carbons, check registers detailing all checking account activity, receipts for most of what I bought for him. I also have other receipts of things that were gifts that never show up on the ledger.

Do I have a strong case? Should I get a lawyer? I need a continuance since I work out of state in July and August and that's when it's been scheduled for. Do I need their permission to get a continuance? Any help/information would be greatly appreciated.

Binka

 

[JETX]

Without going into the full details of this issue (which is beyond the scope of this forum), I see one potential major issue that you have not mentioned. That 'missing part' is HIS acceptance or agreement that these funds were indeeed loans in the first place.

It is very common for 'a couple' to incur expenses and for them to be paid by one or both of them during the relationship. However, this in itself does not create a 'loan/repayment' contract. And without any substantial support for 'your version' (that they were loans) and the existance of a repayment agreement (or at least an understanding), he can simply claim that these were 'mutual gifts' that each of you willingly provided for each other for the sake of the relationship.

Can you successfully support your claim that BOTH of you realized that ALL these moneys were loans and that repayment was expected and agreed?? If you cannot, or you can't challenge his claim that they were gifts, it is unlikely (in my opinion) that you would prevail in court.

The answer to that question will determine your next actions.

 

[BinkaMarie]

Thank you for replying to my posting. I forgot to mention that I have a couple of emails that acknowledge owing me money and that he intends to keep paying me. Also, I have grocery receipts the he purchased and half of those amounts are reflected on the credit side of the accounting pages. There are even some entries on those pages in his handwriting. Every receipt (both ones that I paid for and ones that he paid for) and utility bill has a notation of how much he was either credited or debited. There are credits shown where he did give me money to go towards the debt and there are corresponding deposits in my checking account for most of those credits. I hope that this is enough to convince the judge that those purchases were not gifts. I would appreciate it if you think that this accounting is sufficient.

Thanks!
Binkamarie