Legal Question in Credit and Debt Law in New York

small claims
I live in PA now and I am being sued by my exboyfriend for gifts that he had bot me while I lived in NY with him. He still lives in NY and is telling me he will drop the case if I come back to NY. The amount of $2700.00 he is claiming is not even close to how little he spent on me. I'm scared to go back up there fearing what he may do when I show up for this case if I can even call it that. I was wondering if I can atleast get a restraint agaist him and if so will that get him in trouble since he is on probtion. Also is there anyway at all to get out of this so I don't have to go all the way to NY for his lies.

Thank you

Asked on 11/19/03, 12:23 pm

2 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

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Re: small claims

There are problems with this case in your favor.

In what court is he suing you? If it is 'small claims', then where did he give you the documents or notice of the action? If he gave it to you outside of NY, then just write to the court and tell the court you live in PA and were not in NYC when he gave you the documents. That will finish that case, although he may try to sue you in Civil Court.

Civil Court will require a different defense, but you should be ok on that also. (does he have records to show what he gave you, and can he show they were not gifts? - you should be in good shape here also, if you defend (show up) for that case, or have someone represent you.

You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.

Answered on 11/19/03, 3:21 pm

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