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Home > Law > Small Claims   »   ex now billing me for work he did on my house while dating

 
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Old May 15, 2008, 04:52 PM
megpdrsn
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ex now billing me for work he did on my house while dating

I was dating a guy for two months and while I was dating him I purchased a house, he offered to do some fix up work for me even though I told him he didn't have to he said he wanted to. During this time he used my credit card to buy supplies for my house, then we broke up at the end of October. The entire month of November he had my card and used it for his own personal use. He lives in a different city and all of the charges are in that city. When I found out we came to an agreement he would put new doors, trim and closets in my house for payment of what he charged. That was in December. He has since then said he was coming over and never showed up. So I got frustrated and aggravated a lot and finally I have taken him to small claims court for the money on my credit card. Now he is billing me for the work he did in September on my house for 3 grand. There was never an agreement, a bid, a written contract nothing that stated he was working for a fee for me, if that was the case I would have had someone else help me. Can he charge me now 7 months after the fact now that I have filed a suit against him? He has also threatened to foreclose on my house, put a lien on my house and he is also stating we never dated. I have tons and tons of emails stating how much he loves me and just last week he wanted me to date him again. Also not once in these emails does it state that I owe him all they state is when is he coming over to do the doors for what he owes on my credit card?

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Old May 16, 2008, 03:45 AM   #2  
Clough
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Without something in writing in terms of a written contract or written agreement, he doesn't have much on which to stand as far as billing you, unless there is a witness to what you and he had agreed to as far as what he would do for you.

I would suggest not speaking to him unless you have another person listening and/or observing as a witness, be it on the phone or in person. If on the phone, then you should inform him that you have someone else on the line. In the case of the emails, I would suggest ceasing doing that. Emails can be changed after they have been received. Please cease all contact in that manner.

He really has no power over you because there wasn't ever anything in writing. So, his threats against you are vacant, lack substance and are incredible.

I would suggest going through with the law suit and seeing what the judge has to say.

Hopefully, others will also come along to offer their advice here.
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Old May 16, 2008, 06:05 AM   #3  
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Quote:
Originally Posted by Clough
Without something in writing in terms of a written contract or written agreement, he doesn't have much on which to stand as far as billing you, unless there is a witness to what you and he had agreed to as far as what he would do for you.

I would suggest not speaking to him unless you have another person listening and/or observing as a witness, be it on the phone or in person. If on the phone, then you should inform him that you have someone else on the line. In the case of the emails, I would suggest ceasing doing that. Emails can be changed after they have been received. Please cease all contact in that manner.

He really has no power over you because there wasn't ever anything in writing. So, his threats against you are vacant, lack substance and are incredible.

I would suggest going through with the law suit and seeing what the judge has to say.

Hopefully, others will also come along to offer their advice here.



Unfortunately oral agreements are contracts and I'm sure that is what he will argue - that there WAS an oral agreement. The charges for his benefit on your credit card seem to have no defense (by him).

It will come down to your word against his word, who is most credible - and, yes, I would not communicate with him because anything you say he will try to use to his advantage.
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Old May 16, 2008, 06:16 AM   #4  
ScottGem
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When you filed suit against him he probably asked for advice just like you are doing. The advice he got was to countersue for the work he did on the house. So that's what he's doing.

His proof of this was that you paid for the materials he used. That's his only proof. Your counter is that he had done the work as a present to you and that he continued to use your card for personal purchases after you stopped dating. You also bring up the point that you only sued him after he didn't pay for the fraudulent charges he made.

Who will win? I can't predict that, but I think you have the stronger case.
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