Legal Question in Credit and Debt Law in California

being sued for gifts by ex-boyfriend

My ex-boyfriend is suing me in small claims court for $1000.00 or the return of 4 items. He gave me these items as gifts during the course of our 3.5 year relationship. The items include a gold braclet with my nickname engraved on it, a diamond pendent, a cappucino maker, and a very simple, low end treadmill machine. He has been very harrasing during the break up. I have had to change my #, he has been calling friends, family and work, calling me profane names, telling lies about me being on drugs, and threatening me. I have an Emergency Protective Order and am filing for a restraining order. But, now i got served with this small claims suit. Do I have to prove that they were gifts? if so, how? or does he have the burden of proof. He says he has receipts for all these items. he also never asked for them or the moeny in writing before filing the sui, only in crazy phone messages. I have the tapes of all the harrasing phone calls


Asked on 2/06/00, 9:03 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: being sued for gifts by ex-boyfriend

he has the burden but you will be in a better position if you prove your case too. Perhaps a witness or two could testify as to how long you had the gifts or that they hear or saw him give them to you.

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Answered on 2/09/00, 2:01 am


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