Small claims question ...

[neveragain2008]

What is the name of your state (only U.S. law)? North Carolina

I will try to make this brief while still trying to give all of the important information.

Back in March me and my boyfriend broke up. I gave him 30 days to move out of the house I owned, he did move on the final day (took most of his stuff) over the next few weeks he broke into my house twice (both reported) on those break-ins he took the remainder of his stuff and some of mine (which is irrelvant). We have since been to court for the break-in which was dismissed because apparently admitting to an officer you broke in and returning the stuff you took when you broke in isn't enough to find someone guilty - so it was dropped. Before the break in I had filed charges for harrassment so that case is in June (a month away) on the same court date as the harrassment charge there is a domestic 50b that should be given for the full year (the 50b is in effect now). Thats the background to the small claims case.

So a month ago I was served with papers for the small claims case where he states he wants some items of his that are listed (mind you that he TOOK with him) and a few items of mine (tablet, stereo) the court date was today and my lawyer advised me this would be dismissed - I went ahead and sent in receipts and bank statements showing where I had paid for my items that he had listed that were his - my lawyer called alittle while ago and stated the case was continued until after the harrassment/domestic case in June in hopes of our lawyers working something out at that time.

My question is what can we work out - he listed my items which I showed proof I had paid for and items he had took with him when he moved/broke-in. Am I going to have to end up giving him money for something I don't even have? And to go a step further any suggestions on what I should do with the harrassment case I have so much evidence showing where I have been harrassed and am still being harrassed to this day but in the courtroom its as if no one cares/listens to what is going on.

 

[BL]

So argue the multiple times he has been in the home since he left after 30 day notice.

Reiterate your receipts for your items.

I don't see what agreement the lawyers can work out as there is no proof you have any items.

What items is he claiming you have that he couldn't have taken on numerous entries?

Don't know about 50B's but if there is a restraining order and he violates it,call the police.

 

[latigo]

What is the name of your state (only U.S. law)? North Carolina

I will try to make this brief while still trying to give all of the important information.

Back in March me and my boyfriend broke up. I gave him 30 days to move out of the house I owned, he did move on the final day (took most of his stuff) over the next few weeks he broke into my house twice (both reported) on those break-ins he took the remainder of his stuff and some of mine (which is irrelvant). We have since been to court for the break-in which was dismissed because apparently admitting to an officer you broke in and returning the stuff you took when you broke in isn't enough to find someone guilty - so it was dropped. Before the break in I had filed charges for harrassment so that case is in June (a month away) on the same court date as the harrassment charge there is a domestic 50b that should be given for the full year (the 50b is in effect now). Thats the background to the small claims case.

So a month ago I was served with papers for the small claims case where he states he wants some items of his that are listed (mind you that he TOOK with him) and a few items of mine (tablet, stereo) the court date was today and my lawyer advised me this would be dismissed - I went ahead and sent in receipts and bank statements showing where I had paid for my items that he had listed that were his - my lawyer called alittle while ago and stated the case was continued until after the harrassment/domestic case in June in hopes of our lawyers working something out at that time.

My question is what can we work out - he listed my items which I showed proof I had paid for and items he had took with him when he moved/broke-in. Am I going to have to end up giving him money for something I don't even have? And to go a step further any suggestions on what I should do with the harrassment case I have so much evidence showing where I have been harrassed and am still being harrassed to this day but in the courtroom its as if no one cares/listens to what is going on.

Why would you be asking strangers for legal advice when you have paid a professional for the purpose?

But since you've asked I'll tell you what I would consider doing. And that would be to file a counterclaim against the jerk for malicious harassment and punitive damages. That will also move the lawsuit up from small claims to District Court where this "ass-o" will need to hire a lawyer or get swept up and dumped in the trash. Additionally it would permit your lawyer to lay claim for your attorney fees due to the frivolous nature of his complaint. A remedy not normally available in an informal small claims forum.

Whatever, it sounds like you lawyer knows what he is doing so have trust and stop fretting. It ain't life and death.