my ex is taking me to small claims court for money he gave me to bail him out of jail for charges i originally pressed after our breakup. I feel i dont owe him money cuz he seriously messed up my life. He moved in my home in july 2011 because i couldnt afford the rent increase. Ive known him for 10yrs and just recently started dating him. One day i come home early and find him masterbating with my daughters underwear over his face. i kicked him out IMMEDIATELY. After a month of his pleas and swearing he thought they were mine(same kind and size)I allowed him to spend the night and the next day i found a video of my daughter changing in her room after a shower on his cell phone that he hid in her room. I flipped out and frantically tryed erasing it while he was fighting me for it. b4 i kicked him out made sure it was erased. he denys it, i have no proof but he agrees to get professional help if i arrange it. He offered to keep paying half my rent. He will NEVER be around my girl again.
Country relating to Question: United States
State (if USA): North Dakota
I almost lost my job and had to go to treatment over this. later he broke into my house and damaged 2 doors, this is where he gave me the bail money. they sent me the check in my name. he has texts saying id give the money back, cuz i just wanted him to leave me alone. i thought about it and feel he got away with a slap on the hand and my life is still tumbling down dealing with what hed done. will he win the judgement? Can i press charges on him with no proof? and without my daughter knowing?
You can contact the police and file charges, the police will file a report, even without evidence. Without evidence, it may be that the charges are not prosecuted. In terms of the Small Claims court proceeding, unless he has proof to demonstrate that the money he gave you was a Loan, then he will not succeed. As such, based on the facts that you presented, it is extremely likely that he will ever win a judgment against you, particularly if the money was used for his benefit after all.
10+years of experience in all matters of civil litigation and Hearing Officer/Arbitrator
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