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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29557
Experience:  Attorney with experience in family law.
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Ok. So i am suing my ex boyfriend overdebt from our breakup.

Customer Question

Ok. So i am suing my ex boyfriend for left overdebt from our breakup. Things like left over utilities from our last apt, apt damages from him kicking holes in the walla, a cell phone account that was shared by us in my moms name that went to collections, another cell phone that was in my name that he paid on up until our breakup then wouldnt even return the phone. A parking ticket he got in my truck and refused to pay.My question is.... All of our agreement were verbal. My apt was owned by my mom so no lease agreement. We have some witnesses. What kind of burden of proof do i need to provide to prove my case? We even shared a bank account! So dumb i know. He has an attorney and because of the debt he left me with i cannot afford one. So im hoping there are some type of equilable "common law marriage" laws that i can have on my side in court. I can go in and plead "its only fair for him to pay half". But the laws are the laws.Can somebody please tell me what basics i need to win my case??
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Oregon unfortunately does not all people to enter into common law marriages. A couple can only be considered married and get the benefits of that relationship by getting a marriage certificate. And what that means is that you'll have to look at other legal principles to get your money back. If your ex-boyfriend damaged an apartment owned by your mother, your mother can sue him for the cost of repairing it (unless it was covered by your security deposit). For the phone and utilities, you need to be able to establish that there was an agreement to share these expenses. Anyone who ever heard him talking about it can testify. You can testify. You can enter any emails or text messages you have that talk about the bills. You can even show the judge that the bills were being paid out of a joint account, to see if that helps.

For the parking ticket, you need to prove that he was the one driving the car when the ticket was received. Look at where the car was parked, then see if you have anything that indicates he was in that area on that day - texts, social media check-ins, selfies, anything at all. If he was with someone else, see if that person will testify. Your own testimony is also proof, but it would help to have more to substantiate what you're saying.

To win a court case, you're trying to build a wall of proof. Every little piece of evidence you can bring in is a brick on that wall. You don't need one piece of evidence that conclusively establishes that he agreed to pay. You just need enough evidence that a detached third party reviewing all of it can say, "Yes, I think that he more likely than not agreed to pay you for these things." In civil court, that's the standard of proof you're looking to meet.

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