can i be taken to small claims court for money gifted to me?

curiouskm

New Member
Jurisdiction
Wisconsin
I was in a relationship for about 3 years and we decided to buy a house so our 6 kids (3 his and 3 mine) would be comfortable. He did not have steady income so he could not apply for a home loan. i made pretty good money on my own so i applied and was approved for a loan. we picked the house together and agreed on the asking price. I brought forth almost all of the down payment from my own savings, a gift from my mom and taking a loan against my 401K. He agreed to contribute 1,000 to go towards the earnest money to get the whole process started. there were no talks of me having to repay the money and the sale of the house went through. we lived in the house together from Dec 2015 til we broke up June of 2017. The whole time we lived together i paid his car insurance premiums and he agreed to pay half the water bill but never did. when he left my house he stole things from me that did not belong to him and also damaged some walls and doors in my home. it was a bitter break up. we also had financing for a couch/living room set that was bought for the house that I had made 100% of all the payment on since the purchase. once he left the house he started harassing and threatening me saying i had to have the financing paid in full w/in 2-3 months or he would send some supposedly damaging evidence to my employer to get me fired (I later found out what he had was a staged photo of my DL he took my from purse and put it next to a pipe and took a pic). Trying to avoid drama and even the slightest possibly my employer would be brought into the high school type drama i reworked my budget to try and figure out the quickest way to pay the financing so I could be done. a month went by and i started receiving threatening emails again that i wasn't paying it fast enough and that i better pay it and also pay back the $1000 or else he would make sure that i am very uncomfortable when i go to work or the conferences for my industry because he would send them information so embarrassing that i wouldn't want to show up (still not sure what that was exactly). again I told him i was paying it off as fast as i possibly could and i couldn't just pull $3,000 for the financing out of the sky. again i kept paying the bills and now he has resorted to sending me anonymous packages in the mail from different online vendors not just to my home but now 2 times to my work. 1 was a package of "poop" (i think it was really mud) with a note that said "You have been pooped on" and 1 was an exploding glitter bomb filled with glitter shaped like penises. it was one thing when i received the first poop package at home but hen a few days later i got another a work and then the glitter bomb at work. against my better judgement i emailed him frustrated and told him to leave me alone and now he is threatening to sue me for the $1000.
Can he even sue me? there was no contract? he only demanded the money after we broke up. i guess i view the 1000 as part of his living expenses for the home since i paid all his insurance premium, all the water bill, all the energy bill and cable/internet bills the whole time him and his kids lived in my house full time..
 
People threaten to sue all the time, they rarely do. You might have to get a restraining order against him to stop the threats and harassment. Cut off all communication. He's doing his best to frighten and annoy you and nothing you try or promise is going to make him stop, so block his number on your phone and don't communicate with him in any other fashion.
 
People threaten to sue all the time, they rarely do. You might have to get a restraining order against him to stop the threats and harassment. Cut off all communication. He's doing his best to frighten and annoy you and nothing you try or promise is going to make him stop, so block his number on your phone and don't communicate with him in any other fashion.
i just received a phone call from home that another glitter bomb was delivered to my house, but this time addressed to my 10 year old son. How can i make him stop when he goes through those stupid websites?
 
If you get the restraining order, then if he still does this sort of thing, and you can prove that he did it, then you report him to the police. If you can't prove it's him, then you just have to wait until he gets tired of wasting his money. Make sure everyone in your household knows not to open any package deliveries.
 
i just received a phone call from home that another glitter bomb was delivered to my house, but this time addressed to my 10 year old son. How can i make him stop when he goes through those stupid websites?

You contact the US Postal Service Inspection Service.

The United States Postal Inspection Service (USPIS) is the law enforcement arm of the United States Postal Service. Its jurisdiction is defined as "crimes that may adversely affect or fraudulently use the U.S. Mail, the postal system or postal employees."

Here is their number: 1-877-876-2455

You report that he is using the US Mail to send you threatening, annoying packages, even one labeled as FECES.

The Inspector might suggest you file a complaint with yoru local police, but make the call and get the process started.


You do this NEXT:

Restraining orders are issued at the Ozaukee Justice Center at the Clerk of Courts. We do not issue restraining orders at the Saukville Police Department. We suggest you consult the Ozaukee County Clerk of Courts for information on the types of restraining orders you can receive and the process and forms to obtain one Restraining Orders | Ozaukee County, WI - Official Website .

Harassment is the basis for your allegation leading you to conclude WHY you are requesting such an order!!!!
A harassment restraining order is requested generally if a person attempts, threatens or does strike, shove, kick or otherwise subjects you to physical contact; or repeatedly acts in a harassing or intimidating manner toward you for no legitimate purpose. This is also commonly requested by victims of stalking.

Address of the court:
Ozaukee County Courthouse
1201 S. Spring St.
Port Washington, WI 53074

Ph: 262-284-8409

Court Hours
Monday - Friday
8 a.m. - 5 p.m.

Do this today.

As suggested above, stop communicating with the person.
Block their number, block their email, and if MORE packages arrive, DON'T open them.
DO take pictures of the package, and call the police to report it.
DO place the package in your garage, shed, or anywhere BUT your home.
SAVE it to give to the police or postal inspectors.
One or the other will give you instructions how to do that.
 
I was in a relationship for about 3 years and we decided to buy a house. . . . we lived in the house together from Dec 2015 til we broke up June of 2017.

Your post explains fairly succinctly why buying real property with someone to whom you're not married is a terrible idea (unless you're the among 1% of 1% who is smart enough to enter into a written agreement regarding what happens with the property when you break up).

once he left the house he started harassing and threatening me saying i had to have the financing paid in full w/in 2-3 months or he would send some supposedly damaging evidence to my employer to get me fired

That's probably a crime. Did you report this to the police?

Can he even sue me?

Anyone can sue anyone for anything, but the ability to sue has no relationship to the likelihood of any given plaintiff prevailing.

there was no contract?

Despite your use of a question mark, this sentence isn't a question. If you intended a question, it's not clear what you intended to ask. As far as you and your ex not having a contract, I'm quite confident that's not true. Your post describes at least one contract -- albeit not a written contract.

I'm not sure what you really want to know, but separating yourself from your ex financially may prove difficult and expensive, and I strongly suggest you consult with a local attorney.

How can i make him stop when he goes through those stupid websites?

What websites? As far as stuff that's delivered in the mail, contact the local postmaster.
 
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