Minnesota statue of limitations? Small claims?
Question by Rachel W: Minnesota statue of limitations? Small claims?
5 years ago, I was dating and living with my then boyfriend. Who was a big alcoholic and two-years into our relationship became addicted to Methamphetamine and also became abusive so I left him. Through out the course of our 2 year relationship, he co-signed on a loan for a truck for me, and gave me about $ 7,000 via personal check.
Often times, he would give me a blank check and tell me to write it, either to myself for cash and he would sign it or to the store…because he was too drunk.
Now almost 3 years later, I received a subpoena in the mail, he’s taking me to small claims court, suing for money he says I stole by stealing his check book and writing checks to myself! He also claims I forged his signature on the loan papers!
Is there anything I can do? Technically, I did forge some of the checks, but only because he said to! As for the loan, we lived in a very small town and they allowed me to take loan papers to his work for him to sign, but I did NOT sign his name!
I really feel like I am stuck here, is there anything I can do to fight this? Also, when I left him I’d had enough being beaten, I grabbed 2 laundry baskets full of clothes and I left everything behind! If I come up with a list of stuff with the monetary value (even without receipts), is it possible to fight him in court with a counter-suit? Is it possible that this might be my only chance to have him out of my life forever?
The reason he gave me so much money is that he did not allow me to work, he wanted me to be at home and take care of the house.(Plus, he was a control freak, this way he knew where I was at all times)
Best answer:
Answer by stark027
I’m afraid I’m no expert here, but just tell the court everything you said here and provide as many witnesses and other backup proof as you can. You definitely can countersue if you feel he owes you money and you can prove it.
If he is accusing you of stealing, have him explain to the judge why he never called the police all these years. That will blow his credibility. The burden of proof is on him to prove you forged his name on the loan, and he won’t be able to do that. Get notarized statements from any witnesses that saw him sign it or know that he agreed to the loan.
If the worst happens and he wins his claim against you, guess what? The court will do NOTHING to make you pay him. He will have to pursue further legal means to collect (garnishing your wages, levying against your bank account, etc.) All of that takes a lot of work and know-how, and most people never try to collect. (There is also a step called transcribing in MN small claims court that is necessary to do first before you can ever try to collect. Most people who win in court never even take that first step because they don’t know they have to or don’t want to spend the money to do it.) Don’t be too scared. He’s got a fight ahead of him. Just be as prepared as you can and be sure to arrive at court for the hearing or he will win by default!
Here is a link to the Minnesota Small Claims Court (Conciliation Court, actually) self-help website:
http://www.mncourts.gov/selfhelp/?page=1688
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