Isn't this hearsay?? PLEASE help! :)

[Rainman]

A past boss of mine purchased a computer for me. (It was for my own personal use.) It was a VERBAL agreement between the two of us that I would only pay for $600 out of the $2,000 total cost of the computer. To be quite frank and open about the situation, the reason why she agreed to pay more than 2/3 of the price of the computer is because she was playing the role of a "sugarmommy" to me.

To make a long story short, I have decided to end this affair with my past boss because I've been getting involved with a different woman with whom I'm moving out of the state with.

My ex-boss is now angry and bitter because I'm ending the relationship and am moving. So, she has now filed for a civil action hearing claiming that I still owe her $1,400 for the computer. (This was the part that she had promised to pay due to our "sugarmommy" relationship.)

She is now trying to say that we had agreement all along that she was just helping me to purchase the computer and that I had agreed to make payments for the entire cost of the computer.

The only agreement that we ever had about the computer was verbally. And that was me only agreeing to pay for $600 of it, not $2,000. There is only one thing that worries me. I know that her current employees are well devoted to her and would more than likely lie in court for her as witnesses.

I firmly believe that she will ask a few of her employees to state that they had heard me make comments to her reguarding being financially responsible for the whole thing. When actually, that isn't the truth at all.

Even if she has her employees lie for her, wouldn't this just all be hearsay? I've never signed my name to anything stating that I asked her to purchase this for me, nor did I sign any paper of any type claiming that I would take responsibility for anything financially with this computer.

So, even if someone did lie for her, this civil case against me wouldn't hold water, would it? I've never signed ANYTHING, so even if someone lied and said that I did VERBALLY agree to pay for the whole thing, the whole case would be dismissed. Am I right in my thinking??

 

[Tracey]

Hearsay is an out of court statement offered to prove the truth of the matter asserted therein. "Huh?" you say? Law school spends 2 whole weeks on this, so don't be upset if you don't 'get it' right off.

Your verbal agreement with her is not hearsay. A verbal act (in this case, a contract) is not hearsay.

Also, statements of a party are not hearsay when offered by the other party for the other party's advantage. The theory behind this is that party A won't say something against his interest unless it's true. Therefore, party B can offer the statement without running afoul of the hearsay rules.

If her employees testify that they heard YOU say something, it's admissible & you can only attack their credibility. For example, they like her, she's mad at you for dumping her, why the heck would you have discussed her "financing" a computer for you with them anyway since you're not friends, etc. If they testify that SHE said she only lent you the money, that's inadmissible hearsay. If they testify that they heard X say that ....., that's inadmissible hearsay.

You will have to be prepared to prove, based on the extrinsic evidence, that she agreed to pay $1,400 as a gift to you 'cause she liked your pretty blue eyes. Bring along any evidence of the relationship you have -- love letters, dinner receipts, emails, photos, homemade porn, etc. Also bring along any checks you wrote her for the $600. If you wrote 3 $200 checks in 3 months, then didn't write another check for 6 months, that's pretty good evidence that the contract was for you to pay $600 & her to make you a gift of the last $1,400. Does the purchase date coincide with any special event, like your birthday, your 1 year anniversary, Xmas, her collecting a big bonus at work & wanting to celebrate?

You're allowed to argue that she made you a gift of the $1,400. You CANNOT argue that you trade sex/love for the computer. That's an unenforceable contract. If the judge tries to get you to go in that direction, say, "Oh no, your honor, it wasn't a quid pro quo deal. She just wanted to help me out cause we were in love & I couldn't afford the computer but she wanted me to have one so we could email each other."

Good luck

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.