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Reclaimed Gift

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Re: Reclaimed Gift

Postby atticus » Wed May 17, 2017 5:43 pm

This is going to be a tricky one to prove, then.

Were the earlier communications written eg e-mail or text?
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Re: Reclaimed Gift

Postby Spankymonkey » Wed May 17, 2017 7:52 pm

Nope, just word of mouth.

The hearing date already set, is it likely the judge will listen to both accounts and choose the most convincing side, or just dismiss the case? He saying it was in her house. Her saying, he never left it in my house and cannot prove it.

Without proof I cannot see how the claimant has much chance of success.
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Re: Reclaimed Gift

Postby atticus » Wed May 17, 2017 9:06 pm

The claimant has the burden of proof. There may be some small hope that cross examination of the Defendant will extract a significant slip.
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Re: Reclaimed Gift

Postby Spankymonkey » Thu May 18, 2017 5:51 am

I agree. It remains to be seen if the defendant bothers to turn up. Either way, the outcome could be interesting.
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Re: Reclaimed Gift

Postby diy » Thu May 18, 2017 8:23 am

If they don't turn up, then I'd assume a default judgement?
My suggestions are not legal advice
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Re: Reclaimed Gift

Postby atticus » Thu May 18, 2017 8:36 am

The CPR says how a judge should approach the situation. Please do not make assumptions like that. Be ready to prove your case and answer questions - if you cannot even get your case off the ground you are in trouble and the non attendance of the other party will not provide a quick fix.
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Re: Reclaimed Gift

Postby Spankymonkey » Thu May 18, 2017 9:22 am

Thank you. It isn't my case by the way. Conclusions being leapt to and all that.
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Re: Reclaimed Gift

Postby Labrador » Fri May 19, 2017 9:49 am

Do let me know the outcome I'm intrigued.
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Re: Reclaimed Gift

Postby dnm » Fri May 19, 2017 2:41 pm

I'm not. I find this whole scenario rather sad and childish. If the relationship has broken up then why not just move on and forget about it. That is what an adult would do.
I remember the Hultquist equation...
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Re: Reclaimed Gift

Postby Labrador » Fri May 19, 2017 3:01 pm

There are many cases coming through the courts that may well be considered childish.
I am intrigued for different reasons. :D
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