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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88152
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am being sued by my ex-boyfriend for $7000.00 for things

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I am being sued by my ex-boyfriend for $7000.00 for things he left in my condo when he moved out. I gave him 4 days to get everything out and told him after that date the items left behind would no longer be his. Of course he left items behind and it has been 9 months. I have filed harassment charges against him in the past. He sent me an email 5 months ago stating that everything he left in my condo was now mine and he did not want any of the items. He is now suing for the items. Will the email hold up in court regarding him giving me everything he left behind? Should I obtain a lawyer?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Can you please tell me:

1) Do you still have these emails?
2) Is he suing you in District Court? County Court? Justice of the Peace Court?
3) Have you filed an answer, yet?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.


Yes, I still have the email


Justice of the Peace Court


No I have not filed an answer

Expert:  Ely replied 1 year ago.
Thank you R.

If you still have the emails that show that he has RELEASED his claim to the items, then one in your situation DOES have an affirmative defense since he stated he did not need them.

It is imperative to attach these emails to the ANSWER.

The affirmative defense is called promissory estoppel. Promissory estoppel relates to future facts and applies when one person tries to withdraw or alter a promise made to another who justifiably relied on the promise to his detriment.

The function of the doctrine of promissory estoppel is, under our view, defensive in that it estops a promisor from denying the enforceability of the promise. It was said in the case of Dickerson v. Colgrove, 100 U.S. 578, 580, 25 L.Ed. 618, that:

"The vital principle is that he who by his language or conduct leads another to do what he would not otherwise have done, shall not subject such person to loss or injury by disappointing the expectations upon which he acted. Such a change of position is sternly forbidden * * *. This remedy is always so applied as to promote the ends of justice."

In the case of Goodman v. Dicker, 83 U.S. App.D.C. 353, 169 F.2d 684 (1948), the trial court held that a contract had not been proven but that "* * * appellants were estopped from denying the same by reason of their statements and conduct upon which appellees relied to their detriment.

A sample answer is provided below:

[caption] - TITLE AND PARTIES (just copy of their filing)

DEFENDANT'S ORIGINAL ANSWER (centered)

NOW COMES Defendant, YOUR NAME, named Defendant in the above-entitled and numbered cause, and files this Original Answer, and shows the Court:

PARTY IDENTIFICATION INFORMATION
1. The last three digits of the driver's license number of YOUR NAME are ...... The last three digits of the social security number for YOUR NAME are .....

FACTS
(your version of the facts)

GENERAL DENIAL
Defendant enters a general denial.

AFFIRMATIVE DEFENSE
In addition or in the alternative, Defendant enters an affirmative defense of promissory estoppel. Plaintiff – via email (attached to this Original Answer EXHIBIT A) – signified to Defendant that he given up his claims of the items.

Defendant denies each and every allegation of Plaintiff's Original Petition, and demands strict proof thereof as required by rules of evidence and procedure for the State of Texas.

PRAYER
Defendant prays the Court, after notice and hearing or trial, enters judgment in favor of Defendant, awards Defendant the costs of court, attorney's fees, and such other and further relief as Defendant may be entitled to in law or in equity.

Respectfully submitted,
Your Signature
Your name


(NEW PAGE)

CERTIFICATE OF SERVICE (centered)

I certify that on (date filed) a true and correct copy of Defendant's Original Answer was served to the opposing party.

Your Signature
Your name


Again, this is just a SAMPLE.

I hope this helps and clarifies. Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88152
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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