How to Recover Property and Money Owed By My Ex

**suckerednCO** · 07-16-2008, 04:41 PM

My question involves small claims court in the state of: South Dakota.
Long story short.
My ex-g/f and I lived together for 2.5 years in S. Dakota. I made the money, while she attended school for 2 years. She asked me to move to CO, with her for her internship. We leased an apartment together in Denver. One month after moving, I caught her cheating on me with another guy. She decided to leave our apartment on her own. Her new guy pulled a knife on me and she got violent, as well. I changed the locks, and got a TPO against her for domestic violence.

Before she could take anything from our apt. I signed her off the lease, due to much harrassment from her parents and her. I was emotionally and financially unprepared for this. I invested so much of myself in her, that I didn't want to see her screw her education up so I showed compassion to her and let her "borrow" furniture etc.. so she could finish her internship, under the impression she was depressed, made a poor decision and we would reconcile.
Instead, she lied and cheated again. So I requested my things back and tried to move on.

She took off with my stuff and moved back to S. Dakota. I returned as well, to get my old job back.
No more than 3 days was I in town and she served me with a stalking/restraining order, and made harrassing calls to my parents. Simply, because I called her parents, ONCE, to see if they would be willing to help me.

I am fed up. I want to take her to court and sue for my possesions and any bills/rent I had to eat due to her transgressions. I have receipts and bank statements that show I paid on her accts. But it is her word against mine, when it comes to whether or not I "gave" or "loaned" her possesions or money.

Do I have any chance at all in small claims court? Is there any way I can recoup her share of the rent/bills for the remainder of the lease? Or the costs of moving? Can I even get my possesions from her? What is the burden of proof in small claims court? Should I file harrassment charges against her? Should I take out a TPO?

BTW, we DO NOT meet the requirements for a common law marriage in CO, so I cannot file for divorce.

How can I handle this? What are my options? If any?

Thank you very much for any advice offered.

**LawResearcherMissy** · 07-19-2008, 07:30 AM

You can TRY to sue in small claims court - and with your receipts and the like, you might even prevail.

However, winning a judgment in small claims is not the same as actually recouping your money. You'll have to file to have the judgment enforced through garnishment, as well. If she's got no job (no paycheck), you're out all of that money, plus the court costs.

If she is harassing your parents, they need to file charges. If she is harassing you, then you may file the charges. A TPO may be a partial solution, and is likely to be granted because of the previous one in CO.