Suing ex girlfriend--palimony

[thehighroad]

My wife is being sued by ex boyfriend for around six thousand dollars. They split up over a year ago, on/off relationship, no living together. He wants any money given to her back and feels he was exposed to STD's due to prior dating on her part. This guy is the classic psycho nut case who can't let go and thinks this is the way to get closure.

He claims to have emails over the course of the relationship stating she would pay him back any monies. We're talking the kind of money you give a lover when they've been downsized and need to pay rent, utilities, etc. in getting back on their feet. I thought that's what you did for someone out of kindness. She gave him money too, but would never think of asking for any back.

My wife is STD free, a test will easily prove that--will this make that claim go away? And are personal emails between lovers a binding contract? When my wife talked to the court clerk he stated the plaintiff has to have 50% proof before judge would hear the full case/rule.

And yes--this creep is hiding from me out of fear for his life. Rightly so. Gotta love a true blue coward.

Thanks!

 

[lwpat]

I am not an attorney and cannot give legal advice. If this goes to trial then you should consider retaining an attorney for court or at least to adivse you prior to court.

An oral contract is binding but there must be sufficient proof. Emails can easily be forged or doctored and should not be allowed into evidence. If he tries to show them to the judge then an objection should be upheld. He would also have to show that your wife actually received the money, cancelled check, etc.

The plantiff must prove his case. I would let him present his case and then request dismissal prior to presenting any defense. It appears that it is unlikely that he can prove anything and the case will be dismissed at that point. If his goes to trial a test for STD's can be submitted into evidence provded it is properly certified. The clerk of court or your attorney can tell you what will be accepted by the judge.

If your wife testifies then he can ask about the emails or any oral contract to repay the money.

I would also ask the clerk of court if discovery is allowed in your state. If so then have an attorney or go to your local law library and prepare a discovery request. If he does not reply then the case will have to be dismissed.