Legal Question in Civil Litigation in Michigan
Money owed from former boyfriend
My boyfriend and I amicably ended our relationship in Jan. 2003. Over the course of our relationship I lent him money for expenses that he was unable to cover (i.e. heating bill, travel expenses, etc.) After our relationship ended, I compiled a list of his expenses. I presented this list to him and asked him to check off the expenses he felt were his responsibility. He did this and the expenses that he checked on the paper totaled $3,000. I had a witness with me at that meeting that can testify to his acknowledgement of responsibility. I filed a claim in Small Claims Court and on the day of the hearing, his attorney filed a motion to move the matter into General Civil. Do I have a case? In response to my claim, his attorney asked the Court to dismiss my claim.
Thank you.
2 Answers from Attorneys
Re: Money owed from former boyfriend
Its difficult to tell based on your set of facts. First, is this case based on Missouri law, or Michigan law?
Second, did your boyfriend sign this list of compiled expenses, or otherwise indicate his agreement or assent?
If he did, your position is stronger.
The only way he can transfer your case to General Civil is to claim that there is an amount in controversy in excess of the Small Claims Court maximum ($3000 in Missouri). In Missouri, he would have to assert a counterclaim in excess of the jurisdictional limit (i.e., he would have to sue you for more than you sued him for) in order to get the case moved in to General Civil.
If there is a lawyer involved on the other side and the case has been moved to General Civil, you should probably consider retaining an attorney.
Good luck, and from now on, don't lend any boyfriends any money without a written agreement.
Re: Money owed from former boyfriend
You need to hire an attorney as soon as possible! If you do not respond properly and on time to the motion to dismiss, your case will be thrown out of court regardless of whether you have a right to recover! I assume that the defense lawyer is trying to "up the ante" and make you hire a lawyer, in hopes that you will give up, rather than pay legal fees and fight for your rights.
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