ex-boyfriend and the samll claims court

[angelxbeby]

Any advice is greatly appreciated!

I'm suing my ex for money that he owes me, which he had promised to pay back. I lent him money to buy a stereoface and I had to pay for two of his cell phone bills because he got into a car accident. (His cell phone at that time was under my father's account and I had to give my dad the money before the bill was due). The stereoface was purchased in April of 2000 and the two phone bills were for the month of May and June. The stereoface cost $350, but I don't have the receipt because he had kept it. I do have a bank transaction showing that I withdrew $320 from my account on that day (in the same location of the store address), and I called the store to confirm that the price of the stereoface is $350 (without tax). I also have the records of the two phone bills I helped him out with. The total amount he owes me is $378.88 (stereo face with tax), $78.54 + 155.21 (2 phone bills). This totals to $612.63 - $90 (all he ever paid back) = $522.63.

My only concern is whether or not this is potent evidence, since I have no written agrrement from his stating that he owes me money, or that he promises to pay me back. So basically I'd like to get some professional advice on how to handle this or what I can do to make my chances of winning greater. What my chances are in winning the case since what it really comes down to is that this is my word against his. For example, what would happen if he denies everything?

And if I do win the case, will I be able to add on the cost of the entire small claims court fee etc. onto the amount I'm sueing him for so that I'm not losing any money from trying to obtain what is rightfully mine?

Another problem is that I am not 18 yet, so I need to know if I need to bring a parent or adult with me to the court. (If so, will it be helpful to bring my father since he knows that I helped my ex pay for two of his phone bills?)

Thank you so much for your time

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Bring your father -- the bills are mostly in his name (cell phones). SInce you are not 18, is your boyfriend under 18? If so, he can disaffirm all that he owes you since one can do that with contracts/bills/purchases purchased as a minor. As long as they are not life's necessities (these aren't), he doesn't have to pay them back.

If he is over 18, you will have a tough road ahead of you. No notes? No phone calls saying he does owe you? Any witnesses who witnessed him/heard him say he owes you for those specific items? How come HE had the phone, when it was in your FATHER's name? Did you dad know? These and much more detailed questions WILL be asked by the judge, so be prepared.

Perhaps showing the court/telling the court the items you purchased that WERE gifts (i..e. much cheaper than these bills etc) might show these particular ones WERE NOT gifts. But the burden does stay with you on this one.