Small Claims Case w/ Ex-Girlfriend

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NRM_

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So I have my court date on Thursday morning, and I was curious if I could get some input on my case and any opinions / comments / suggestions regarding it.

This is a remarkably reduced story as I don't want to bore too many of us with details.

I trained a new employee at the restaurant I worked at and ended up dating her for a period of about 12 months. Things were great for the first 8-10 months or so we jumped the gun and moved into an apartment together. I trusted her with everything and I adored her beyond anything other. We were what much would consider the perfect match. But enough with the sappiness. The clear and cut of it is that she cheated in the last 3-4 months of our relationship and moved out on me in the middle of our lease due to her loss of her job and wanting to move home to be with her son back in her home town (which was untrue, she just wanted to be with her new boyfriend).

She lost her job in April, our lease ended in mid-July. I did not see a penny from her from the beginning of March as she said that she needed money for her son and otherwise. I adored her son, so I sat by and understood as I saw all the bills racking up against me and I having to pick up extra shifts to accommodate. When she lost her job, she moved out of our apartment permanently, but we were still together.

In the meanwhile, she racked up my credit card with promise of return payment and asked for multiple miniature loans (~$200-$400) over the course of the next few months until I ultimately found out that she was lying to me the entire time.

We made an agreement early on and continually agreed even while she was out of work and still looking for work that she would pay me back the money owed, the money used on my credit card (she was an authorized user), and 50% of the debt that we put on my credit cards. I have bills proving her as authorized user using approximately $700 in her hometown and county away from San Jose, CA. The rest of the debt on the other major credit cards were items purchased for the both of us and our apartment.

I am suing her for 1/2 of the rent for the remaining lease, 1/2 of remaining credit card bills, and the full amount for the authorized purchases she made on my initial credit card (not including debt that I had owed previous to our relationship), utilities, cable, internet, her cell phones, and some other miscellaneous items purchased for her under my name which she promised to repay. The amount demanded totals out to $7490.

A majority of my claim is verbal, the only hard item that I can necessitate repayment is for the least on our apartment. But the fact that she lost both of her jobs in the same week forces the fact that I did not receive any money from her from that time on to pay any of our bills or debt. Does this help my case? And do I have a case at all if the majority of it is verbal?

On a personal note, I am a struggling college student and moved out about two years ago, who just fell in love with the wrong person. However, when you're in love with someone, it seems that you fail to see certain things. When she lies, you end up likely to believe what she says, rather than the facts in front of you, simply because it just makes everything so much easier if you could believe that what she says is true and that she is not a bad person, and you are worth it. Sick world it seems. The debt is what is holding me back from school as I must continue to work in order to keep my current living situation (renting out a room) and pay off my extraordinary debt.

But either way, I know she has a tendency to flake (reason why she was fired). If she doesn't show up, do I still need to prove my case to the judge? And if I'm awarded a default win, will it be for the full amount including the sections that were written up due to verbal agreement? Or will it just be for the amount that I only have hard copies for?

I also believe that she has a '57 Chevy in her name fully restored. This is due to a family member of hers that told me so. Is there a way I can check this? Is it a DMV public record? The only information I have on her is her SS Number, Address, Name, and DOB. I don't have any information about the vehicle.

Thanks for your time.
 
Do you have anything in writing where she agrees to owing the debts, emails, letters, anything at all. If yes, take those to court with you.
 
These are very common cases in small claims.

Take the evidence you have to court and hope for the best but don't get your hopes up.

The judge will likely say all that stuff was a gift.
 
If she has been notified formally by the court to come answer the charges, then she must show up or the case would be judged in her absence. The judge would not just grant what you are asking……He would examine all your claims and evaluate them. Then he would decide on what she owes and pass judgment. Judges understand that not all debt can be documented. Then you would serve the sheriff's office where she lives with the court order and they would see what can be recovered, base on her possessions. They would go to her house and collect things of value and auction them to pay you. If they find the car registered in her name they would sell it. It could take a while to get it. Oh!!! she would have I think 30 days to appeal. If she does not, the judgment is final. This is how the system works in many states………….not sure of yours.
 
Thank you very much for your input.

I really don't have any documentation stating that we had the agreement. We work in a restaurant so most of our finances are cash tips at the end of the night. So I can't document regular payments and then having it stop.

Sadly enough, I almost set this aside as a loss, so I really did not intend to receive the full amount, it's just sad to see all this debt piled up in front of me and not being able to do anything about it.

I guess it's just another frustrating day in my life. Court date is tomorrow at 8:30AM. I was hoping she would show and we could work out a payment plan. The items purchased were not gifts, but I was hoping that I could catch her in a few lies and discredit her. She probably isn't going to show and I'll end up explaining what happened and see what the judge decides.

The lease, that's a pretty sure thing though right? I would like to recover at least that much. My work could not grant me a confirmation of termination date for her, even though I know what day. They claimed it was for privacy reasons. However, they said if the judge orders it, then I may request it then. Could I request an continuance if he would like those documents?
 
Just go and present what you have……everything…….. Just be articulate and not play the blame game or behave like you are trying to hurt her after she disappointed you. Be professional and calm. If the judge ask for some things you thing could go get, then you could ask him if he can continuance….. If it is possible he would grant it. He might evaluate the whole case and ask you to bring it to his clerk and pronounce judgment when he gets it.
 
Thank you very much, that'll be exactly what I'll do.

And in all honesty, it isn't that I am trying to get back at her. I understand. She moved on, she lied because she probably didn't want to hurt me, and she didn't move out or be honest because she knew she owed me money. I have a 3/4" binder full of bills, statements that include her purchases in her county 50 miles away from mine.

I guess I'll just hope for the best and hope that the judge understands.
 
Goodluck!! keep us posted on what happened if you find time......... It could help others in the future.
 
Most definitely. I have court in 8 hours so I need some sleep. I'm as prepared as I possibly could be, all I can do now is hope the judge understands.
 
So she actually showed with her new boyfriend. But we ended up reaching a settlement without going to trial. $4000 in payments with a signed contract and everything else. It's almost half of my demand, but in all honesty, I probably wasn't going to get any of the verbal stuff or anything without her name on it.

And now I don't have to deal with collecting, so this works out the best for me.
 
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And now I don't have to deal with collecting, so this works out the best for me.
....

Brother, are you familiar with the word naive?

Your troubles with collecting are just starting.
 
What am I missing? She agreed to make $250 payments on the 20th of every month to my PO BOX over the next 16 months until the debt is paid. If she doesn't, then I bring her back to court and will have the full remaining amount granted to me in which case I would put a lien on her car or otherwise.

I just figured that since we finally had something written, it would help me out. What types of troubles are you referring to?
 
Way to go!! I must confirm it is a good deal as you mentioned since a lot was not documented. Thanks for the update and Goodluck..........I hope she is trust worthy.......If not you might have to sue again.
 
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Do you really think she is going to pay?

Do you really think she will stay around?
 
What the Senior Judge is saying is……….. If she does not comply she can make it impossible for you to contact her or collect a penny. And if you have to bring her back to small claims and can't find her to get served, then you can't sue her in small claims if she does not receive the court papers…….More so, some people would rather you had meet the judge to get her admit these …..4000$ so you have a judgment not just her word. But it is a personal decision only you know if you wanted to continue down the road of airing your laundry in public, or trust her(you know her best) or get a legal backup paper. Collection is not that easy if the person is not trustworthy.………..
 
In all honesty, I do believe she is going to pay. She can't really just disappear because she lives with her mom and her son. Her son is currently in school, I yes, I do know the way she is when it comes to her son and school. During the summer, he was finally fitting in with the other kids. I know how much she loves him and I know that she isn't going to leave him there.

Honest to God truth is that she wouldn't admit that she did wrong. She claimed I just gave her the money and everything else. Once I got home, I redid the calculations to see what she was agreeing to pay me for (in terms of lease, certain items bought, ect.) and it totaled out to $2300, not $4000.

If she does pay, then I got a good deal out of this. If she doesn't, then I'll have more trouble, however, if we go back to court, then it would be over our agreement, which is actually documented, rather than all this verbal agreements.

Amazingly enough, her own mother is on my side. She adored me, and she wants her daughter to pay me back. Enough that she's making the first month's payment (overheard conversation, complicated).

I'm not all too sure, but it feels like I made the right decision. She and myself discussed a payment plan that would work. I asked if she could do $500 just to get this over quicker, and she wasn't sure she'd be able to have that much. So we made it more manageable.

Toss up, I guess.
 
Sound like your feel you did the right thing...........That is the most important thing. We all just wish you success and that all goes as planned. We all trust people at some points and only could make that call............We can't! I am happy you are happy and confident with your decision..............Good luck
 
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