redshellbell
New Member
I'll try to keep this as brief and to the point as possible, but here is the general situation:
I was in a domestic partner relationship for 4 years in the state of Georgia.
My partner moved in with me, but maintained renting an apartment nearby due to possible custody issues.
During our relationship, I paid all bills for the home, including groceries, health supplements, and chiropractor visits for her.
About 3 years ago she transferred $6557.00 of my credit card debt from my credit card to her own, which had a zero percent interest rate.
She did this without telling me, and informed me after the fact that she had done it as her contribution to household expenses and to compensate for expenses she created (one of which was running over the dog, costing me $3,000.00.).
Later, we started a rental business and bought some equipment on my card. Again, she did not like the high interest on the card, and made another transfer of $3300.00. Again, I was informed after the fact. She "helped" me with the business, but it was all in my name until she transferred this balance to her card. She had access to all business cash to pay for this and there were never any verbal agreement that I would "pay her back". However, she had access to any and all moonwalk revenues to pay this as she wished over the years, but did not. For the most part, she handled the books and money paid to the business.
I ended the relationship in August of 2005, but tried to remain friends.
In October of 2005, she told me she could not pay off the card she had transferred the original balances to and needed help. She said since she was out of the business and had to pay higher bills now that she was at her Apartment all the time, and had no extra income from the business, she could not pay it, and the zero percent interest was to expire.
I had just refinanced my house, so I offered to help her out, and wrote a check to her for $9000.00. The memo section of my check says "Payment for Credit Card".
Less than one week later, we were having a conversation and she said I had given her too much money, and gave $5000.00 of the money back to me.
The memo section on her check says "Payment for Loan".
Then in January we were talking on the phone and I reminded her she had not yet compensated me back for a trailer of mine she parked at her apartment (so her car could be in my garage) which was stolen. So, she paid a business advertising bill by charging around the same value of the trailer to her credit card Aprox. $957.00 (the value of the trailer)
After this point, I ended the relationship for good, meaning we could not be friends or on speaking terms because she kept sending me letters saying she didn't believe I didn't love her...came over to my house in the middle of the night after she moved out. I told her we needed to get on with our lives and heal and it would be best not to speak for a few months.
Then, 6 months later she told me I owed her all the money she had transferred, that I had paid $4,000.00 with the check I wrote, but still owed her for the $5000.00 check she wrote to me plus the money she charged for the trailer! She began to write letters asking for payment as if we had had some verbal agreement that her transfers were a loan I needed. Which, by the way I did not! I can prove I had the assets to pay those bills she transferred to her credit card. A friend of mine told me she was writing letters to set me up to be sued to make it look like I owed her this money and that there had been some past agreement. I asked her to call me so we could discuss, but she refused, telling me we would use the mail. I then asked her to quit harassing me as she was texting me daily. I haven't heard from her in 6 months after I asked her to quit harassing me, and suddenly last month I am served with papers!
She has now filed suit against me in small claims court. I know she is doing this out of spite and anger that she is no longer part of the business and my life...but what do I need to bring to court to defend myself? And can I defend myself?
Thanks!
I was in a domestic partner relationship for 4 years in the state of Georgia.
My partner moved in with me, but maintained renting an apartment nearby due to possible custody issues.
During our relationship, I paid all bills for the home, including groceries, health supplements, and chiropractor visits for her.
About 3 years ago she transferred $6557.00 of my credit card debt from my credit card to her own, which had a zero percent interest rate.
She did this without telling me, and informed me after the fact that she had done it as her contribution to household expenses and to compensate for expenses she created (one of which was running over the dog, costing me $3,000.00.).
Later, we started a rental business and bought some equipment on my card. Again, she did not like the high interest on the card, and made another transfer of $3300.00. Again, I was informed after the fact. She "helped" me with the business, but it was all in my name until she transferred this balance to her card. She had access to all business cash to pay for this and there were never any verbal agreement that I would "pay her back". However, she had access to any and all moonwalk revenues to pay this as she wished over the years, but did not. For the most part, she handled the books and money paid to the business.
I ended the relationship in August of 2005, but tried to remain friends.
In October of 2005, she told me she could not pay off the card she had transferred the original balances to and needed help. She said since she was out of the business and had to pay higher bills now that she was at her Apartment all the time, and had no extra income from the business, she could not pay it, and the zero percent interest was to expire.
I had just refinanced my house, so I offered to help her out, and wrote a check to her for $9000.00. The memo section of my check says "Payment for Credit Card".
Less than one week later, we were having a conversation and she said I had given her too much money, and gave $5000.00 of the money back to me.
The memo section on her check says "Payment for Loan".
Then in January we were talking on the phone and I reminded her she had not yet compensated me back for a trailer of mine she parked at her apartment (so her car could be in my garage) which was stolen. So, she paid a business advertising bill by charging around the same value of the trailer to her credit card Aprox. $957.00 (the value of the trailer)
After this point, I ended the relationship for good, meaning we could not be friends or on speaking terms because she kept sending me letters saying she didn't believe I didn't love her...came over to my house in the middle of the night after she moved out. I told her we needed to get on with our lives and heal and it would be best not to speak for a few months.
Then, 6 months later she told me I owed her all the money she had transferred, that I had paid $4,000.00 with the check I wrote, but still owed her for the $5000.00 check she wrote to me plus the money she charged for the trailer! She began to write letters asking for payment as if we had had some verbal agreement that her transfers were a loan I needed. Which, by the way I did not! I can prove I had the assets to pay those bills she transferred to her credit card. A friend of mine told me she was writing letters to set me up to be sued to make it look like I owed her this money and that there had been some past agreement. I asked her to call me so we could discuss, but she refused, telling me we would use the mail. I then asked her to quit harassing me as she was texting me daily. I haven't heard from her in 6 months after I asked her to quit harassing me, and suddenly last month I am served with papers!
She has now filed suit against me in small claims court. I know she is doing this out of spite and anger that she is no longer part of the business and my life...but what do I need to bring to court to defend myself? And can I defend myself?
Thanks!
