Legal Question in Family Law in Maryland
Sticky Situation concerning gifts, child, end of relationship
My husband is being sued by an ex-girlfriend in small claims court for money she claims he owes her. He never borrowed money from her but he did receive items from her and made calls on a cell phone which she bought for him (he currently still has the phone in possession). She is basically a jilted lover who is trying to get back at someone for hurting her. She claims she wants nothing to do with him but yet has gone to great lengths to contact me, sending me things at work, having her friend contact me and even showing up at my job. She also claims she is pregnant with his child, conceived shortly before our wedding. He denies that this could be possible, having ended the relationship months before the wedding. 1) Does she have a case for her small claims suit (she probably has receipts and copies of her cell phone bill); 2) What are our options if she tries to sue him for child support and 3) Do I have any recourse for the harassment she is doing by contacting me?
1 Answer from Attorneys
family law, paternity, small claim, harassment
Wow, what a long request!! As always, I will try to answer you as bestas I can considering the forum.
a) Have you been served with a complaint for a small claim? If not, don'tworry about it again, until you get served. If you have been served, IMMEDIATELYfile a Notice of Intention to Defend, with the court where the documentscame from, and say that you "demand strict proof," meaning that she will haveto provide proof of the debt she claims. You should not need a lawyer for this, if itis truly, only a SMALL CLAIM.
b) You can require that she prove paternity. You WILL need a lawyerfor this. I cannot recommend that you attempt a paternity case withoutone. The testing for paternity (DNA), which is very reliable, is alsovery expensive. Expect to spend $600 to $1000 for the TESTING alone.Again, this is something you absolutely should not worry about until youare sued for child support, or are otherwise required to pay child support.
c) Yes, you can file criminal charges for harassment, or civil charges.Civil charges will require you to hire a lawyer. Again, this is the type ofcase you would have a difficult time winning on your own (or just even knowingwhat to do, without any legal experience). To bring CRIMINAL charges, contactyour police department/police commissioner. They will advise you how to bring criminalcharges. ***It is important you bring criminal charges when the actions occur, and not towait for a long period of time thereafter.
Also, not to insult you or anything, but have you requested that she stay awayfrom you, and not contact you??? I know this is obvious, but if you have not done so,you should. :)
Jamie Marthaler, Esq.You can contact me (I won't bill you for e-mail,or anything like that, if that is a concern)at:
GOOD LUCK :)
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