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Damsel925 · Mar 31, 2007, 09:04 PM

I'm trying to help out a friend here. A woman that he was involved with and now has broken up with sent him a certified letter stating that he needed to appear before a magistrate. She is claiming that he promised her some items as gifts. In the letter she states what the items are and what she considers the value to be. My friend states that she is way off on what each item is worth. One item she did buy and asked him to put together for her. He is willing to give that back to her. Another item my friend built with lumber from a wood shed he tore down in his back yard. She estimated this to be worth $250 which is ridiculous since the supplies were all his. He is even willing to give this to her. The last item was a gas grill which he bought and later sold to someone else. She is requesting money for this as well.

My question is how can someone make these claims when there is no evidence that anything was to be a gift. What will happen when my friend faces the magistrate?

Thanks,
Damsel

excon · Apr 1, 2007, 08:41 AM

Hello Damsel:

I don't know who gave what to who, or who didn't. What I do know, is if they were gifts, their value isn't important. If they weren't, then it is. You need to clarify before I can give an opinion.

excon

shygrneyzs · Apr 1, 2007, 08:47 AM

This just shows that any fool can sue any other fool. Where is the proof? Anything written down? Receipts? Or is this a he said-she said kind of deal?

RubyPitbull · Apr 1, 2007, 09:32 AM

Hey shy! I think the written proof may be in her posting here that he is acknowledging they were gifts.

But, any hoo.

Judges usually hate these kinds of cases. If it is his word against hers and the ex has nothing to back up her claim, it will look like she is just upset that he has moved on with his life and the judge will tell her to get over it already. If she has written proof, such as copies of charges he made on her credit card bill along with his signature, it will be an entirely different matter and gets a bit more complicated as to whether they were actually gifts or not.

shygrneyzs · Apr 1, 2007, 09:38 AM

You betcha, Ruby! Just one day watching Court TV will prove that out. My personal favorite is Judge Judy. I don't get to watch her TV show but I do get to see her on Larry King Live.

Taking this matter to court, the Judge will most likely see that while the guy admits to a couple things and is willing to give that back - that is what will be ordered. The rest looks like a wash. Not worth plugging up the court's time.