Legal Question in Family Law in Ohio

ex girlfriend/fiance threatening to sue over $350

My fiance's ex has contacted us through email 2 years after their break up asking for half of the payment of utility bills (accumulated over months). Her name is the only one on all utility bills and was the only name on the apt. lease, although the landlord knew he was there too. My fiance paid 90% of utility bills and rent in the four years they were together in this apt., except the utility bills that accumulated from the last few months of their togetherness. He has minimal documentation of his job earnings in 4 yrs due to working ''under the table'' and running his own private music business. she has history of only ~ four months at a minimum wage job in the 4 yrs. he usually gave her full amount of cash and she wrote a check (he only had a checking acct. for part of the 4 years). Her father gave her money to pay for things as well, but I don't believe he kept any documentation of when and how much. Does she have a case to take him to small claims over this small amount or since everything was in her name, he legally is not obligated to give her any money? She has no idea where he lives and he only has one credit card that is tied to his current address, so other than email she has no way of contacting him.

Thank you.


Asked on 5/07/07, 9:48 pm

1 Answer from Attorneys

David Davies Law Office of David H. Davies

Re: ex girlfriend/fiance threatening to sue over $350

Can the ex girlfriend take your fiance to small claims court? Yes. Can she win? If he doesn't fight it, yes. She will need to locate him in order for the court to send him a copy of the complaint.

If she does take him to court and she wins, can she collect? Collecting on a judgment is usually the hard part. If she gets a judgment against him in small claims court she will still have to find out where he lives and find some way to attach assets. If she does not know where he is it would not be practicle for her to take him to court. If he wants to fight it she will most likely have a hard time proving that he owes her any money if there are no records. If it is just her word against his, then the judge will decide in favor of whoever he or she believes. If all is equal, she loses.

Good Luck

DHD

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Answered on 5/08/07, 9:51 am


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