Legal Question in Civil Rights Law in Virginia

Boyfriend Sues to Recover Personal Property

An ex-boyfriend who I recently took to court for stalking, and was first found guilty by a judge, but a year later it was overturned and he was found not-guilty by a jury--is now suing me to recover property (mostly furniture) that he says he owns, but I have in my possesion. The furniture he is referring to is either something he bought for me because I did not have the available credit at the time --and I paid him back with checks that I cannot find (3 years later). Other items were gifts. It has been over 3 years since these item have been in my house. Although we broke off our relationship (actually I broke it off and he stalked me for two years), in May 1999, he has not sued for this property until now; after the criminal case. This man lived with me for one year in 1997. He paid no rent. In addition, he has damaged my property over the years, including bashing in my taillights, keying my car, etc...

I don't feel I owe him anything. What are my rights to this property? What if he has receipts and I can't find the check stubs?

I feel this is just a case of revenge!

Thanks!


Asked on 8/14/02, 8:53 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Boyfriend Sues to Recover Personal Property

Lawsuits are not necessarily about the truth, but they are always about the evidence. Your X will have to prove his ownership of the property to a preponderance of the evidence. That means the scales tip in his favor when the evidence is all in. It will not do to have a "he said - she said" as he cannot win on that basis. On the other hand, if he has evidence of ownership and you don't, it will be difficult for you to maintain your defense. Find as much documentation as you can, and good luck.

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Answered on 8/14/02, 10:35 am


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