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I have a problem with my ex-girlfriend is suing me for my…

Customer Question
I have a problem...

I have a problem with my ex-girlfriend is suing me for my phone that she took over over six months ago the phones under her name and she's taking me to court tomorrow saying that I O her $1900 for Existing phone bill other small items like pair of shoe she gave me do my birth day and the reason why she took away the phone it's because I took away my car that she was driving etc. the phone she took from I had for many year I screwed up by putting it under her name I use the telephone for work and I had my contacts in there I lost several customers money that I would bring each month.

Lawyer's Assistant: What state is this in? And how old is the car?

California

Lawyer's Assistant: Has anything been filed or reported?

Yes

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My ex-girlfriend was my fiancé we broke up over six months ago we have two kids she just had one it long story .Right now I'm fight for half child custody for one of my kids the new born she does let me see

Submitted: 8 months ago.Category: Legal
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Answered in 1 minute by:
9/6/2017
Lawyer: Ely, Counselor at Law replied 8 months ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,548
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

I am sorry to hear about this situation. What exactly are you asking here? For example:

1) How do I file an answer?

2) What are possible defenses?

Etc.

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Customer reply replied 8 months ago
What are possible defenses
Lawyer: Ely, Counselor at Law replied 8 months ago

Thank you for your call request. The site allows the expert to opt out of the call request, and I must respectfully ***** ***** not worry - other experts receive the request as well, and the first available expert calls. They will also have your question and my replies to build upon, so nothing will be lost.

Well the best defense - if true - is that it was a gift. A gift bestows a final ownership unto the giftee (recipient of the gift). It would be up to her to prove otherwise by a preponderance of the evidence, which is 51% or over. If/when in a relationship, the strong presumption is that anything given is indeed a permanent gift.

"I STRIVE FOR FIVE!" My goal is to answer your question to your satisfaction. Please rate with five stars (★★★★★) and click SEND. It does not cost anything extra to rate. You may need to scroll left/right/up/down to see these stars. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

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Customer reply replied 8 months ago
2 what can saso what I'm trying to say is that what can I say on my defense I don't have the phone she took it and she's trying to charge me for it when I don't even have the phone so what can I say to the courts in my defense
Lawyer: Ely, Counselor at Law replied 8 months ago

The best thing to do is to argue that it was a GIFT, perhaps? If it was a gift, then someone in your situation can do with it whatever they want to and no longer have to have it. You would not then be held responsible for it if the Judge believes it was a gift.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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Customer reply replied 8 months ago
Is that the best option or is it better just to deny everything
Lawyer: Ely, Counselor at Law replied 8 months ago

Well this is up to you. However if there is proof that you WERE given the phone, then perhaps denying it is not a good idea.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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Lawyer: Joycelaw, Attorney replied 8 months ago
Joycelaw
Joycelaw, Attorney
Category: Legal
Satisfied Customers: 116
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Ely
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Category: Legal
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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