Small claims court help(indiana)?

Question

I have a small problem. me and my dads new wife got in an agruement and now I got papers to go to small claims court....
She is taking me to small claims court on a computer they gave me since they had got a new one, they bought it from a friend and they have no receipt they just have a written statement sayign they bought it...but i have nothing saying they gave it to me and NO witnesses either...
SHe is also taking me to court over a cradle she bought for the 7th month old daughter, that she bought from my cousin and she doestn have a receipt from it either just another written statment, She is saying I borrowed it when they bought it for Kamden my baby.
She also gave me a rocker so I could rock my baby to sleep and now she is saying she wants it back...and they got that from my grandmo when she passed. so no reciept there either.
my ?s are:
what can they really do? dont they have to have a receipt?
What are my odds of losing the case when they gave me the stuff?

oh I tried to settle manyu of times out of court and just give them the stuff back but she keeps saying NO I WANT TO SEE YOU GO DOWN IN COURT!! AND I WANT YOU TO HAVE TO PAY ME THE $72 FILING FEE. WOULD i HAVE TO PAY THAT IF I LOST?

Answer 1

This is all going to depend on how you present your side of the story when going to small claims. You will have to stick to your story that they had given these things to you. Just stick to the truth and chances are the worst that can happen is that you may have to give the stuff back. I don't think she can claim any actaul cash value for anything. Written statements usually won't hold up in court. Depending on who they were written by. Build your case on why all of a sudden she wants everything back. Was there some kind of fall out with you and her and if she gets agitated enough her true colors will show through. If you can prove that she is angry and taking the things back out of spite then you have a good chance of getting your things back. If you can try to countersue her for something.

PS if your father is going in as a witness on his wife's behalf then chances are you have already lost the case especially if you. have no witnesses. That is the only down side if not I think you have a good chance of winning.

Answer 2

The court can award the failing fee as well as damages. Yes, they do need to prove ownership of the property. If you go to court and say that there may have been a misunderstanding about the property being loaned or gifted and that she refused to take it back when offered, the judge may just consider it a domestic squabble and dismiss the whole case. What you are omitting is your fathers (keep seeing the "they gave" but "she's accusing") stance on the whole affair - I suspect it's far more complex then described.

Answer 3

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Answer 4

Your dad is allowing this to happen? Write to the judge and tell him/her what you have told us. Many people do this to give the judge insight. I am so upset with your dad. Take everything that you can that they gave into court and throw it in their face. How I am mad!!!!!! I truly do not see why they would have a case. Do you have proof of asking if you can bring it back? If not, write an e-mail or get a newspaper with the date showing and the letter, have the letter "certified". Take all that information into court. She does not stand a chance. I am still mad!!!!!!!!!!! If you can find any evidence to prove that you offerered to give things back, take that into court.