ex suing money gave gift advice law advice insurance advice community register faq calendar search posts mark forums read small claims courts suing defending usually attorney freeadvice legal forum courts lawyers amp litigation small claims courts ex suing money gave gift user name remember password select forum post question auto accidents vehicle claims dangerous defective products medical health care malpractice environmental toxic torts workplace injuries compensation personal injury wrongful death consumer bankruptcy business bankruptcy banking credit cards debt collections starting operating business business contracts franchises brokers investments sports arts entertainment law consumer contracts guarantees warranties lemon law online purchases sales libel slander defamation legal ethics lawyer malpractice civil litigation small claims courts arrests searches warrants procedure drug charges drunk driving dui dwi juvenile law military law crimes federal state sentencing parole pardons plea bargains hiring firing wrongful termination fringe benefits wage salary issues job discrimination harassment workplace injuries compensation union issues divorce separation annulment alimony spousal support child custody visitation child support juvenile law adoption domestic violence abuse rights marriage domestic partnerships family law matters civil rights discrimination law education law military law social security disability ssi law supreme court constitution government administrative law matters immigration automobile insurance disability long term care insurance life insurance annuities health insurance hmo plans homeowners insurance viaticals senior life settlements commercial insurance lines copyrights trademarks patents computers software internet law online purchases sales buying selling landlord tenant issues condos ops construction renovation mortgages refinancing foreclosure neighbors boundaries real estate law questions tax law drunk driving speeding moving violations parking tickets non moving violations wills trusts estate planning probate personal representatives elder law powers attorney living wills open technical issues linkback thread tools rating display modes lord amsa junior member date apr posts ex suing money gave gift name state law alabama hi started dating ex years old time hit moved got huge sum money grandparents signed checks gift purchase car decided car just save money bank account rainy day lots rainy days came money gone left march left deaththreats harassing emails phone calls eventually filed police report harassment forged check trying bank account filed police report pursue want ruin future stopped week year police reports got served papers suing small claims court money gave years ago saved hate mails online blogs blogs states just pay bills said stupid case win sure win counter sue lawyer court costs kind advice greatly appreciated thank name state law edited lord amsa pm antigone senior member date dec location honor jetx somnambulist university posts quote originally posted lord amsa name state law alabama hi started dating ex years old hit moved got huge sum money grandparents signed checks gift purchase car decided car just save money bank account rainy day lots rainy days came money gone left march left deaththreats harassing emails phone calls eventually filed police report harassment forged check trying bank account filed police report pursue want ruin future stopped week year police reports got served papers suing small claims court money gave year ago saved hate mails online blogs blogs states just pay bills said stupid case win sure win counter sue lawyer court costs kind advice greatly appreciated thank name state law knows case show court defend take evidence attorney necessary goes countersuit think got money quote originally posted quincy tell story antigone posted name posted name sued lost lived happily illustrated story tigi waiting illustrations attorney lord amsa junior member date apr posts lived years apart dime spent time really money anymore fact inclined act way broke harassing stalking threatening wanted leave got insights prepare thank attorney courtclerk senior member date apr location sitting computer probably rolling eyes post posts problem age majority alabama really given large gift minor mention adult think common sense take child thinking responsible adults surely hope sues recoup money responsible adult trustee grows sees quote originally posted sandyclaus courtclerk right quote originally posted cyjeff claim rights kid attorney lord amsa junior member date apr posts need give ill wishes legal advice judged heard responsible adult comment plenty times looking taken money time really needed car offered give money hard say thanks done done yeah thing back mind age majority parents permission moved come play attorney courtclerk senior member date apr location sitting computer probably rolling eyes post posts quote originally posted lord amsa come play the legal capacity things care permission god giving ill wishes wish learn lessons way justice system appear want figure way return money payments sees quote originally posted sandyclaus courtclerk right quote originally posted cyjeff claim rights kid attorney lord amsa junior member date apr posts legal capacity give gift understand huge sum money gave just dvd player considered minor state line drawn law state minors giving gifts attorney courtclerk senior member date apr location sitting computer probably rolling eyes post posts quote originally posted lord amsa legal capacity give gift understand huge sum money gave just dvd player considered minor state line drawn law state minors giving gifts minors enter contracts law states minors capacity rescinded parents courts including giving sees quote originally posted sandyclaus courtclerk right quote originally posted cyjeff claim rights kid attorney sandyclaus senior member date mar location sunny socal posts sorry dude quote originally posted lord amsa legal capacity give gift understand huge sum money gave just dvd player considered minor state line drawn law state minors giving gifts courtclerk right minor means ex legal capacity give generous gift consider lucky willing settle defense prove despite having possession amp control money showing received significant benefit spending claim possibly offset amounts reducing liability guarantee just thought way sane parents grandparents give minor child move boyfriend anyway stepped control finances reaching age majority curtailed situation going wrong attorney courtclerk senior member date apr location sitting computer probably rolling eyes post posts quote originally posted sandyclaus courtclerk right geez hearing think just siggy little sees quote originally posted sandyclaus courtclerk right quote originally posted cyjeff claim rights kid attorney lord amsa junior member date apr posts thank input greatly appreciated answer question parents grandparents absolutely idea move give money guys said sense kinda wish went actual emancipation process moved excuse know grow america grew philippines age majority cigarettes liquor moved got relationships time slowly learned laws minors know minor meant small moved learning obviously live learn guess spoken gone similar situation said lines years old took year legally approach things left legally mine including said money thoughts thank attorney courtclerk senior member date apr location sitting computer probably rolling eyes post posts quote originally posted lord amsa thoughts thought that told knows law sees quote originally posted sandyclaus courtclerk right quote originally posted cyjeff claim rights kid attorney ellerge member date dec posts rape years rape adult child attorney courtclerk senior member date apr location sitting computer probably rolling eyes post posts quote originally posted ellerge years rape adult child legal penalty idiot necroposting dead thread oh aoc alabama agree law wrong front resurrect dead thread just prove wrong listen thing say sees quote originally posted sandyclaus courtclerk right quote originally posted cyjeff claim rights kid attorney laquo previous thread thread raquo currently active users viewing thread members guests thread tools show printable version email display modes rate thread linear mode switch hybrid mode switch threaded mode rate thread excellent good average bad terrible posting rules may post threads may post replies may post attachments may edit posts code smilies img code code offtrackbacks pingbacks refbacks forum jump user control panel private messages subscriptions online search forums forums accident injury law auto accidents vehicle claims dangerous defective products medical health care malpractice environmental amp toxic torts workplace injuries amp compensation personal injury wrongful death bankruptcy consumer credit consumer bankruptcy business bankruptcy banking amp credit cards debt 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Ex Suing For Money She Gave As Gift Free Advice Law Advice Insurance Advice Community Register FAQ Calendar Search Today's Posts Mark Forums Read Small Claims Courts Suing or Defending on Your Own Usually Without an Attorney FreeAdvice Legal Forum gt COURTS LAWYERS amp LITIGATION gt Small Claims Courts Ex Suing For Money She Gave As Gift User Name Remember Me Password Select a Forum to Post a Question Auto Accidents and Vehicle Claims Dangerous or Defective Products Medical and Health Care Malpractice Environmental Toxic Torts Workplace Injuries Worker’s Compensation Other Personal Injury and Wrongful Death Consumer Bankruptcy Business Bankruptcy Banking Credit Cards Debt Collections Starting and Operating a Business Business Contracts and Franchises Brokers Investments Sports Arts Entertainment Law Consumer Contracts Guarantees and Warranties Lemon Law Online Purchases and Sales Libel Slander Defamation Legal Ethics Lawyer Malpractice Civil Litigation Small Claims Courts Arrests 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me deaththreats harassing emails and phone calls Eventually I filed a police report for harassment She also forged a check trying to get from my bank account I also filed a police report but didn't pursue because I didn't want to ruin her future Still she has not stopped Last week a year later from the police reports and the like I got served with papers She is suing me for on small claims court for the money she gave me two years or so ago I have saved all her hate mails and online blogs In one of the blogs she states I didn't just help him pay the bills with it I actually said HE CAN HAVE IT Stupid me Now does she have a case Can I win If it's a sure win for me can I counter sue for lawyer and court costs Any kind of information and or advice will be greatly appreciated Thank you What is the name of your state only U S law Last edited by lord amsa at PM PM Antigone Senior Member Join Date Dec Location In honor of JetX ~ Somnambulist University Posts Quote Originally Posted by lord amsa What is the name of your state only U S law ALABAMA Hi I started dating my ex when she was years old When she hit she moved in with me She got a huge sum of money from her grandparents She signed over both checks and to me as a gift so I can purchase a car I decided to not go with the car and just save the money in my bank account for a rainy day Lots of rainy days came and the money is gone She left me March Since then she has left me deaththreats harassing emails and phone calls Eventually I filed a police report for harassment She also forged a check trying to get from my bank account I also filed a police report but didn't pursue because I didn't want to ruin her future Still she has not stopped Last week a year later from the police reports and the like I got served with papers She is suing me for on small claims court for the money she gave me a year or so ago I have saved all her hate mails and online blogs In one of the blogs she states I didn't just help him pay the bills with it I actually said HE CAN HAVE IT Stupid me Now does she have a case Can I win If it's a sure win for me can I counter sue for lawyer and court costs Any kind of information and or advice will be greatly appreciated Thank you What is the name of your state only U S law Who knows if she has a case or not Show up for court and defend yourself take your evidence and no attorney is necessary So there goes your countersuit ~ don't you think you got enough of her money already Quote Originally Posted by quincy Um you didn't tell the whole story Antigone I posted your name you posted my name we sued each other we both lost and we lived happily ever after the end it was an illustrated story Tigi is still waiting for the illustrations Find an Attorney PM lord amsa Junior Member Join Date Apr Posts We lived together for years So she was apart of every dime spent at that time It is really not about the money anymore Except the fact that I don't have it I would've been more inclined to help her out if she did not act the way she did when we broke up Harassing stalking and threatening me when all I wanted to do was leave her alone Anyone else got any insights that might prepare me or help me Thank you Find an Attorney PM CourtClerk Senior Member Join Date Apr Location Sitting at the computer probably rolling my eyes at your post Posts Problem The age of majority in Alabama is Really she couldn't have given you such a large gift as a minor Not to mention as an adult you would THINK that you would have more common sense as to take from a child However thinking is for responsible adults I surely hope she sues you to recoup the money then let's a responsible adult become trustee until she grows up Someone else sees it too Quote Originally Posted by sandyclaus CourtClerk is right Quote Originally Posted by cyjeff You can't claim squatter's rights on someone else's kid Find an Attorney PM lord amsa Junior Member Join Date Apr Posts No need to give me ill wishes I'm here for legal advice and not to be judged Yes I have heard that responsible adult comment plenty of times Looking at it now yes I should not have taken the money At the time I really needed a new car so when she offered to give me the money it was rather hard to say no thanks But what's done is done Yeah that's the one thing that's been at the back of my mind is the age of majority Although she did have her parents permission before she moved in with me when she was Does that come into play at all Find an Attorney PM CourtClerk Senior Member Join Date Apr Location Sitting at the computer probably rolling my eyes at your post Posts Quote Originally Posted by lord amsa Does that come into play at all Not in the least She doesn't have the legal capacity to do such things I don't care if she had permission from God And I wasn't giving you ill wishes It's a wish that both of you learn your lessons and the only way you'll do that is through the justice system since you don't appear to want to figure out a way to return the money if even in payments Someone else sees it too Quote Originally Posted by sandyclaus CourtClerk is right Quote Originally Posted by cyjeff You can't claim squatter's rights on someone else's kid Find an Attorney PM lord amsa Junior Member Join Date Apr Posts Legal capacity to do what Give a gift I understand that this is a huge sum of money she gave and not just a dvd or an mp player while she is still considered a minor in this state Where is the line drawn though What does the law state about minors giving gifts Find an Attorney PM CourtClerk Senior Member Join Date Apr Location Sitting at the computer probably rolling my eyes at your post Posts Quote Originally Posted by lord amsa Legal capacity to do what Give a gift I understand that this is a huge sum of money she gave and not just a dvd or an mp player while she is still considered a minor in this state Where is the line drawn though What does the law state about minors giving gifts Minors cannot enter contracts they cannot do much of anything as the law states that minors do not have the capacity to do anything on their own Anything they do can be rescinded by their parents and or the courts including giving you K Someone else sees it too Quote Originally Posted by sandyclaus CourtClerk is right Quote Originally Posted by cyjeff You can't claim squatter's rights on someone else's kid Find an Attorney PM sandyclaus Senior Member Join Date Mar Location Sunny SoCal Posts Sorry dude Quote Originally Posted by lord amsa Legal capacity to do what Give a gift I understand that this is a huge sum of money she gave and not just a dvd or an mp player while she is still considered a minor in this state Where is the line drawn though What does the law state about minors giving gifts CourtClerk is right Being a minor means the ex didn't have the legal capacity to give you such a generous gift Consider yourself lucky she's willing to settle for only Your only defense might be to prove that despite you having possession amp control of the money showing that she received a significant benefit from the spending of it Then her claim could possibly be offset by those amounts reducing your liability No guarantee but just a thought By the way what sane parents grandparents would give their minor child and let her move in with her boyfriend anyway Why haven't they stepped to control her finances before reaching the age of majority That would have at least curtailed this situation from going so wrong all around Find an Attorney PM CourtClerk Senior Member Join Date Apr Location Sitting at the computer probably rolling my eyes at your post Posts Quote Originally Posted by sandyclaus CourtClerk is right Why yes I am Geez I like hearing that so I think you just made my siggy for a little while Someone else sees it too Quote Originally Posted by sandyclaus CourtClerk is right Quote Originally Posted by cyjeff You can't claim squatter's rights on someone else's kid Find an Attorney PM lord amsa Junior Member Join Date Apr Posts Thank you all so much for all the input It is greatly appreciated To answer the question about the parents grandparents I have absolutely no idea why they let her move in and give her that much money Everything you guys said makes sense though Kinda makes me wish we went through the actual emancipation process when she moved in This is no excuse I know but I did not grow up in America I grew up in the Philippines There is no age of majority there be it cigarettes or liquor etc So when I moved here and got into relationships is the only time I slowly learned about all these laws towards minors I didn't even know the minor meant anything else than something small until I moved here and I am still learning about it obviously Live and learn I guess I have spoken to someone that had gone through a similar situation He said something along the lines of since she is now years old and it took her a year to legally approach things that everything she has left here are now legally mine including said money Any thoughts on that Thank you again Find an Attorney PM CourtClerk Senior Member Join Date Apr Location Sitting at the computer probably rolling my eyes at your post Posts Quote Originally Posted by lord amsa Any thoughts on that My thought on that is that whoever told you that knows NOTHING about the law Someone else sees it too Quote Originally Posted by sandyclaus CourtClerk is right Quote Originally Posted by cyjeff You can't claim squatter's rights on someone else's kid Find an Attorney PM Ellerge Member Join Date Dec Posts Rape Also find out how many years you can get for rape You were an adult AND she was a child Find an Attorney PM CourtClerk Senior Member Join Date Apr Location Sitting at the computer probably rolling my eyes at your post Posts Quote Originally Posted by Ellerge Also find out how many years you can get for rape You were an adult AND she was a child What's the legal penalty for being an idiot and necroposting to a dead thread Oh and the AOC in Alabama is While I don't agree with it it's the law Therefore you're wrong on that front as well So not only did you resurrect a dead thread you did so just to prove how wrong you can be and why no one should listen to a thing you say Someone else sees it too Quote Originally Posted by sandyclaus CourtClerk is right Quote Originally Posted by cyjeff You can't claim squatter's rights on someone else's kid Find an Attorney laquo Previous Thread Next Thread raquo Currently Active Users Viewing This Thread members and guests Thread Tools Show Printable Version Email this Page Display Modes Rate This Thread Linear Mode Switch to Hybrid Mode Switch to Threaded Mode Rate This Thread Excellent Good Average Bad Terrible Posting Rules You may not post new threads You may not post replies You may not post attachments You may not edit your posts BB code is On Smilies are On IMG code is Off HTML code is OffTrackbacks are On Pingbacks are On Refbacks 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