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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Business Law
Satisfied Customers: 17137
Experience:  B.A.; M.B.A.; J.D.
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I was in business with a verbil agreement with a ex girlfriend

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I was in business with a verbil agreement with a ex girlfriend and she owes me about $3000.00 and she has but me off now for 2yrs 3months and she contuous she she will pay me, but when she does it's like 30.00 or 50.00. We still have items togather in her shop she has decide to serverly lower the items price without my permission. She has refused to me give me any docutation on the money she owes me and what items we still have togather and there prices. The reciept I did have I in up giving to her because I was having mental break down at the time. i went back to her and ask for them back she said would give them back to, but instead she sent me to her father house to get the reciept what she owed me and when I got there they refused to give them back too me. Her father has control of the reciept he a retired police officer and hiding the paperwork from me for her. She still say's she going to pay me and with her father in room. I tried setup a payment requirment with her and her father but they didn't want a required amount to pay and refuse to decussed any further and ask me to live. I need help with this problem. I know I could go to small claims court, but i don't have any paperwork. I know I can spoena the paperwork, but will they i don't belive they will give to me. We are not talking any more because she is with someone new.
Submitted: 5 years ago.
Category: Business Law
Expert:  Phillips Esq. replied 5 years ago.
Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

If you do not have any written agreement for the amount that she owes you, it would be very difficult for you to prove. However, since she has paid you some money regarding the debt, you can use the payment as evidence that she does not dispute that she owes you the money. If the payment is by check, you should made copies of the check before cashing the check because you would use a copy of the check as evidence in Court.

When you are filing a lawsuit because someone owes you money, you are the one that is supposed to provide to the Court with the evidence that the person owes you the money. It is not the other way around. Although, you can request that the other person provide you with some documentation for the debt. However, the burden of proof is still on you to provide evidence that she owes you the money.
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