Legal Question in Credit and Debt Law in California
Small claim: Investment made for prospective spouse
About a year ago, my prospective spouse wanted to invest her $3000 into stock market and gave me a check. I opened a SEPERATE account and 3 different stocks for her. By the time we broke up 2 month later, market dipped, she asked to me hold them until at least break even. Since then market dipped further. After I got married with another person, I asked her to take her stock back. Now all of sudden, she came up with a totally different story claiming that that investment has nothing to do with her and want $3000 back. (In addition, she claims I need to pay back the perfume she bought for me, $100! in her demand letter). She thretened me...she had experience on the small claim court and I don't. How do I defend myself to proove the truth?
2 Answers from Attorneys
Re: Small claim: Investment made for prospective spouse
At small claims court, you just go in, tell it to the judge and take your chances. To increase your odds, write out what you want to say to the judge, make it very brief, rehearse it, then imagine what questions either the judge or the other party might ask you, and prepare for those.
Also, bring in paperwork showing that you used the money to purchase stock.
Regarding the perfume, generally gifts cannot be taken back, unless they were given based on some promise such as marriage.
Good luck.
Re: Small claim: Investment made for prospective spouse
Let her take you to court and tell your story to the judge. Since the account was set-up separately, there should be ample evidence to support your side of the story. Sounds like she is mad about your getting married to someone other than her and the downslide of the market has probably not helped either. Unfortunately the quote holds true that, "Hell hath no fury like that of a woman scorned"
Good luck and thank you for your inquiry!-Martin
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
