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JB Umphrey
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20233
Experience:  Explains legal matters based on 14+ years experience.
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I dont know what section this would be, but I have a few questions

Customer Question

I don't know what section this would be, but I have a few questions regarding smalls claim in the state of CO with a guy that use to be my boyfriend. I'm not sure what my options are or if I even have a case, but I helped this guy I dated to fix his race car up and ordered some parts, wrote him a check, and cash as well, to help cover labor and parts for his race car and a computer.
Submitted: 5 years ago.
Category: Legal
Expert:  JB Umphrey replied 5 years ago.
Welcome and thank you for your question!

Please clarify: what is your actual question that you'd like assistance with? What information are you seeking from JustAnswer?
Customer: replied 5 years ago.
I guess I need to know if 1) I have a case? and the guy that's involved says if I take him to court he will file Harassment charges and I will get a another DV charge, will lose my deferred sentence and go to jail cause I'm currently on Probation.
Expert:  JB Umphrey replied 5 years ago.
Why would he file harassment charges? What's the harassment?
Customer: replied 5 years ago.
I'm calling him to figure this out and he doesn't want to talk to me. He's using me being on Probation to his advantage.
Expert:  JB Umphrey replied 5 years ago.
He's trying to bully you with fear. Your filing a small claims lawsuit is not harassment and he can't file criminal charges over it. Those are bogus claims on his part.

The more important issue is about the things you bought and money you gave him. Did he sign an IOU or did you have some type of written agreement where he promised to pay you back?
Customer: replied 5 years ago.
No, every time I would talk to him about how we would handle the money, he said not now. So he wouldn't talk to me about repayment. He said it was all a gift...we are talking about $6,696. The deal with the computer was that my portion of it was $250 for his birthday, cause his dad, mom and Grandmother were pitching in too, but somehow I ended up paying for the whole thing.
Expert:  JB Umphrey replied 5 years ago.
Thank you. If there is not a written agreement, then what he's told you is true. The law presumes it to be gift(s).

The only way to overcome the gift presumption is if there's a written agreement to repay. That will be your sticking point in small claims court.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

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Thanks,
~~ J.B.
Expert:  JB Umphrey replied 5 years ago.
Hi there. I'm just following up with you to see how everything is going.

Did I answer all of your questions or do you seek additional information?

Please let me know if there is anything else I can provide to give you excellent service!"

Otherwise, please be sure to provide a rating for the information I provided so that I receive credit for assisting you.

IF YOU DO NOT PROVIDE A RATING, or if your rating is negative, then I will not be compensated.

If you experience any problems in providing a positive rating, please reply and let me know.

Thank you!

~~ JB
Expert:  JB Umphrey replied 5 years ago.
Hi there. I'm just following up with you to see how everything is going.

Did I answer all of your questions or do you seek additional information?

Please let me know if there is anything else I can provide to give you excellent service!"

Otherwise, please be sure to provide a rating for the information I provided so that I receive credit for assisting you.

IF YOU DO NOT PROVIDE A RATING, or if your rating is negative, then I will not be compensated.

If you experience any problems in providing a positive rating, please reply and let me know.

Thank you!

~~ JB