Legal Question in Civil Litigation in Illinois
My ex owes me money and wants gifts back
After our breakup, my ex-boyfriend owed me $2400. $1500 was from bounced rent checks, and then the other $900 was from stuff that I bought for him on my employee credit card when I worked at a dept store (he hadn't paid me back yet).
Because I didn't trust him, I had him sign a payment schedule that said how much $ he owed me (in case he tried to say that the dept store items were gifts) and how much he would pay me each week. He was adhering to the schedule up until this week. Now that he only owes me $800 more, he decided to ask for the computer that he bought me for Christmas back. He says that I either keep it and he doesn't owe me any more $, or I give it back and he will pay me.
The computer was a gift, and I'm not giving it back. He wants me to sign a paper saying that our payments are done and I refuse. Now, he is harrassing me, saying that if he gives me all the items from the dept store, he doesn't owe me any $ and that he is entitled to the computer since he has a receipt proving he paid for it. I have all kinds of e-mails from him referring to all of this- they are all pretty nasty.
If I go to small claims court, do I have a chance of winning? Is there anything I can do about the bounced checks?
1 Answer from Attorneys
Re: My ex owes me money and wants gifts back
This is a very funny story!
The long and the short of it is that yes, chances are that you will prevail provided that you have not signed a paper agreeing to pay him back for the computer and that in fact by a preponderance of evidence you can show that it was a gift.
You have a signed paper showing that he has agreed to pay you a certain amount of money back regardless of whether you owe him or not. He has an obligation to perform as he has agreed.
I hope this helps,
Nima Taradji
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