Being threatened to be taken to small claims court over $81.35... Michigan DUI / DWI Traffic

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Question: DUI / DWI Traffic - Michigan

Asked on 10/29/2009

Being threatened to be taken to small claims court over $81.35...

An ex-boyfriend of mine is threatening to take me to small claims court and sue me for money for alcoholic drinks and a concert ticket that I have not and am not going to. I am 20 years old and he was contributing to the delinquency of a minor. I have 3 witnesses to say that he bought these for me of his own choice. I also have an email stating from himself that he bought these. I'm just curious as to if he even has a legitimate case. We were dating and these were considered gifts. What are my options. I feel he is harassing me and I feel threatened. And if need be I will press charges

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Answers (1):

B. B., Member in Good Standing of the New Jersey Bar

Tell him you'll see him in court. The email sounds like good evidence that the ticket and drinks were a gift. Once a gift is given, the law doesn't allow the person who made the gift to change his mind and demand the gift's return.

I wouldn't say that he was contributing to the delinquency of a minor, unless you were under 18 at the time. However, it is illegal to buy alcohol for a minor, so if he's claiming there was a contract for him to do that for you, it's unenforceable as is any contract to do something illegal.

Answered on 10/29/2009
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