An Ex is Seaking Small Claims Action

MWStanley

New Member
My (basically) wife and I have a relationship that allows romantic involvement with others. One of her partners has had a habit over the past eight months of getting obsessively attached, giving gifts (while being advised that spending so much money on a budding relationship was a good way to complicate it) and being generally emotionally manipulative. There were a couple of close calls in which the relationship nearly ended. Each of these times, this man responded in a massively emotional way, doing everything from threatening suicide to threatening to take away the gifts that he gave her. We, in hindsight mistakenly, opted to try and work things out. This final run, they'd agreed to take things very slowly. It's also been very gift heavy - trips to conventions and other places, taking her and our daughter to play areas for both parties' children to have fun for the day, even helping her buy birthday gifts for me and helping pay for a pet's medical care. Throughout, we told him he shouldn't be spending like this, and throughout he insisted that it made him happy to help, that he wanted this and that it wasn't an issue.

In the past week and a half, this relationship has ended because he pushed too hard and too fast. This man then spent four days sending me texts about how she'd used him et al, and after I blocked him, proceeded to confide in a friend that he intended to kill himself and me so my wife could feel what it was like to have no one. He and his now ex, once he was released from detainment, have since started badgering us nearly non stop, culminating in our having had the police intercede and advise them to stop contacting us. His ex even threatened to put in a domestic violence call using materials that were shared with this man about our sex life, which has a certain amount of violent play. It has come to our attention that he's threatening to take us to small claims court if we don't return every single thing that was given. He claims to have every receipt, and says that he will sue if we do not return these items.

My wife and I have complete records of all conversations with both of these people, including repeated assertions that these gifts were given to her (and me in the end) to keep, with no conditions attached. I also have records of the previously mentioned threats, the somewhat unsettling huge blocks of text - everything.

So my question is this - If he tries to take us to court, do we have a chance? Or does his possession of the receipts trump our record of everything said?
 
Is this even legally your wife or just a girlfriend you live with more commonly than the others with whom you cavort? Why would she keep gifts from an obviously troubled and deranged ex? Box them up and return them.

If he takes her to court (it isn't clear what you are to her/him and if he has done anything to you), it will be her word against his as far as the gifts are concerned. Most of what you shared has no bearing on any of it. He says it is his stuff that he kept at her house/she borrowed. She says they were all gifts. A rather annoyed judge will decide who he finds more credible after you both pay court costs.

No one is going to care one bit about your bedroom habits but I would be more than a little concerned about who your child spends time with. As parents (assuming this is both of your child legally) you have a lot of latitude but do give consideration to the security and safety of your kid. If you do not, CPS will.
 
There is no way for us to know what any individual judge will decide since it is "his word against her word". She might want to consider returning the gifts.
 
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