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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  More than 20 years of experience practicing law.
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My ex girlfriend moved out of the house, and texted me and

Customer Question

my ex girlfriend moved out of the house, and texted me and asked me if i wanted to buy the bedroom set for $500, or she would sell it on craigslist, and since i was looking to buy one i said, that works ill buy that from you. So i wired her $500 through PNC person to person and labeled it as $500 for Bedroom Set.
Now she is telling me that she is driving up and picking up the bedroom set because she cant afford one, and printed the receipt from the furniture company from 10 years ago, and contacted the police who said they will escort her to remove it. Do i have any rights in this situation?
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
i cant prove it through text messages, because when i said something to her about it, she smashed my phone on the ground and shattered it, but i know they are saved on hers.
Expert:  Sam replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

I suggest, this would now be a civil matter and you would need to bring her to small claims court and use the transfer of funds as evidence that you purchased the set from her. That is if she does not agree to return your money. At this point the police are going to let her have the property. They will tell you it is civil and you need to sue her. You can do that in small claims court on your own.

So I suggest when she comes for the property, you should not fight with her. Let her have it and tell her you paid her and at this point you will be bringing the matter to small claims

Expert:  Sam replied 1 year ago.

If you have the evidence from the monetary transfer from you to her, noting the money was for the purchase, the court would order her to repay you. And you can seek interest and also ask the court to order her to pay your filing fees in this regard, since you told her to repay you or you would bring the matter to court.

Expert:  Sam replied 1 year ago.

If you received an invite to participate in a phone call, that is automatically generated by this site. I do not participate in phone calls offered by this site, but we can continue here.

Thank you

Expert:  Sam replied 1 year ago.

You can file in small claims court without a local attorney by getting forms from the clerk of the court in the county where the property was located. And the clerk will provide those forms and written instructions.

Expert:  Sam replied 1 year ago.

Once you file the suit, you also can get a subpoena from the court to obtain her text records from her phone carrier. And if you need to know how to do that, I can provide that information, if you give me the name of her phone carrier. But the suit needs to be filed first.

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