I am being sued by my ex-boyfriend of 5 years for $3,000.
In February, I purchased a motorcycle (for my ex) that he voluntarily returned to me (wrecked with 3,000miles) when we broke up 2 months later.
When we signed the papers, I put the bike, $7,500 (with the VIN number, TT&L, etc.) under my name, and he put the remaining balance $2,800 (accessories, gear, etc.) on his credit card. Now, he is suing me for $3,000, the "down-payment" on the motorcycle, plus his court costs. ( there was no "down-payment") These were two separate transactions. He was not a co-buyer or a co-signer in the purchase of this bike; he now has the accessories that he purchased and I have the bike. We go to court in a month, but I think its a big waste of time! What should I expect with this case?
2006-12-25
05:53:13
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8 answers
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asked by
texxxasgirl
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in
Politics & Government
➔ Law & Ethics
We never lived together; and I never told him to return the bike in the first place.. does that matter?
2006-12-25
05:55:01 ·
update #1
Small claims court, why not call Judge Judy and get on TV
2006-12-25 05:58:50
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answer #1
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answered by netnazivictim 5
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First, the law of gift generally holds that if a gift is given with true donative intent, with actual delivery and acceptance, it is usually irrevocable transfer of title. This is rebuttable, however. The so called Title Presumption Test is, since you took title in your name alone, it suggests that you intended to retain title, since you also footed most of the bill for the bike. So youre probably ok there.
Even though you were not married, and you never lived together, courts usually treat this kind of problem as a quasi marital property question. What that does is try to ensure that
neither party is cheated by the other. The title presumption works here also.
Now, as to remedy. Generally, the remedy in a damage to
property case is either the cost of repair, or the value of the item
at the time of the damage,less salvage. Which ever of these numbers is greater is what your remedy is. It seems to me that he got all that he put into the bike back, and I dont think he has a
cause against you. After all, your argument is that the bike was never his in the first place, and he was nothing more that a bailee in posession. I would suggest that you consult with a lawyer, because the law of compulsive joinder holds that where, as here,
two suits rising from the same set of facts could and arguably should be heard at the same time, if you dont bring your claim at that time you could be barred from bringing it at all.
Court costs may be requested by the prevailing party as part of their Bill of Costs at the end of the case, but to get there he has to prevail, and I dont think he can do it. If the bike was insured, I suggest you also make a claim against those proceeds, because it might be the quickest way out for you. If you have to sue him, even having a judgment is no guarantee of recovery. Good Luck!
2006-12-25 07:54:36
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answer #2
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answered by Jeffrey V 4
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I wouldn't sweat it. What you'll need to do is document how you got the loan on the bike? Show the judge or the court commissoners your paperwork.
He'll need to prove to the court that he had essentially loaned you $3k. All you have to prove is that your down payment came from somewhere else or you didn't have a downpayment at all and financed 100% of the transaction.
On a different note, be courteous and do not talk out of turn. Even if what your ex says is not true, do not interrupt. Let him finish and then the judge or the commissoner will ask for your side of the story.
I've seen plenty of parties who weren't represented by me but had a winning case but were so annoying that the judge couldn't wait to rule against them.
Good luck.
2006-12-25 07:36:28
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answer #3
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answered by El_Nimo 3
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As long as you have documentation and what you say is true, just tell the judge. Don't go in acting like an idiot, act like a professional mature person. The judge has seen it all and knows "the deal." If you bought the bike and gave it to him, then it was his bike, then he gave it back to you so it is now yours again. Why he did that I don't know, but possession of the bike isn't in question. He has no case at all as long as you can show you paid for the bike. Now, stop buying expensive things for people you aren't married to.
2006-12-25 06:16:40
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answer #4
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answered by The Scorpion 6
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I think you should see a lawyer. On the face of it, it doesn't seem that he has a case, unless there is some underlying factor that you are forgeting about. The lawyer should be able to tell you though, and if he is in the wrong then he will have to pay the court costs.
2006-12-25 06:07:30
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answer #5
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answered by Anthony F 6
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you could sue anybody for something you like. even nonetheless, it somewhat is not a case you will win. you're able to could instruct some variety of economic loss as a results of the determination he coerced you into making. you will be disillusioned appropriate to the determination you made, yet finally, it became YOUR determination. it somewhat is a shame which you're feeling the sense sorry approximately you sense, and that i beg you to seek for counseling extremely than letting it consume away at you, yet there is not any criminal floor so you might face at right here. And to sue him for this could be a frivolous use of our criminal gadget.
2016-10-28 08:27:45
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answer #6
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answered by ? 4
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Psst, don't stress about it. He'll lose faster than the Republicans did on Nov. 7. Still sad about that. :( You two didn't live together and you got him a bike? wow, you're an awesome girlfriend. That dude's a jerk. Any guy'd be lucky to have you.
2006-12-25 06:02:51
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answer #7
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answered by Mercyfull 2
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Move to Georgia and marry him. Then it's just a domestic dispute and he can't SUE YOU FOR ANYTHING. It's called the interspousal immunity doctrine. Then, after you are married, you can steal his checkbook- forge his name- take every last dime he has, and he can't do anything about it at all except divorce you.
I know 'cause I'm living it. If your hubby steals from you it's not a crime and you can't sue either.
2006-12-25 13:42:14
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answer #8
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answered by upside down 4
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