Question:
Small claims court inquiry?
moongazerlily
2011-04-15 23:46:41 UTC
I met a man from Craigslist, bad idea, bad idea. However, during this time he somehow made me feel bad for him and acted one day like he wasn't going to be able to afford to make it through the rest of the week. So I loaned him some money. I paid for gas one day to which he said he would pay me back for and even dinner at a restaurant to which he said he'd pay back for as well. I loaned him money for gas another day as well. I started to feel used eventually and like I was just being taken advantage of. We parted ways and he made claim that even if I never wanted to see him again he'd pay me back all the money I loaned him, even if he had to "leave it under the mat". However then the next day via text when I started telling him that I was running low on funds and needed the money and asked how much he was going to give me he said $400 (I assume being sarcastic because that is well over the amount he actually owed me). I told him I really didn't want it to come down to scrapping my broken down car just to get by, he said he didn't care. I then said "Forget it, don't bother". I deleted his number and planned to be done with him. Then some time later a woman calls my number asking who I am and why he has been texting me so much, he had my name in his phone as "Mark" and I guess she was suspicious. I was afraid to answer when she called a second time, not being one keen on confrontation. However, a few days later I texted her pleading to her that I needed him to text me because I really needed the money he owed me as I was literally getting low on funds. So, I am curious now though, could I actually take him to small claims court and sue for the $400 he claimed he was going to pay me via text or does the "Forget it, don't bother" void any agreement about being repaid anything at all? If I could take him to small claims court for that claim he made, then it'd be well worth it. However, in reality it wasn't all that much, it was still quite a loss. At least $175 dollars or so. Can anything be done or what can be done legally?
Five answers:
IT'S ME
2011-04-16 00:07:18 UTC
You can NOT get the 400 dollars because that amount is not owed to you. If you file a lawsuit for the 400 it will be considered perjury and you could possibly do jail time for it. If you have no evidence of the 175$ it becomes a "he said, she said" , and a judge will more than likely throw your case out. Then you will be out of more time and money. I say, just wash your hands of this deadbeat, and be more cautious of these types of people! GOOD LUCK, HOPE THIS HELPS!
anonymous
2011-04-15 23:55:39 UTC
I'm not a lawyer, but from my limited experience suing someone, chalk it up to experience and let it go. There was no formal agreement that the money you spent on him was even a loan, there was no agreement on when and how he was to pay it back, and yes, I think the judge would take the Forget it don't bother as you letting him off the hook. I don't know how it is where you live, but I once won my case in court but received no help in actually collecting the money from the defendant. This means you have to find out where he is living and serve him with documents to get your money or go to his employer and arrange for them to garnish wages. This will all take time and is a BIG hassle. I guess you have to ask yourself if it is worth the stress it is going to add to your life.
Mary
2011-04-15 23:56:09 UTC
Get the texts from your cell phone provider, and by all means file in small claims! You DO have a case, and do not need an attorney.
Lone Cat
2011-04-15 23:54:48 UTC
I don't think you could get the $400. You can probably get the $175.



I don't think $175 is worth the time and energy to sue.
gerhauser
2016-11-19 12:04:01 UTC
You paid for $900.00 of coverage and you're owed $900.00. i'm hoping you stored all your receipts. in case you probably did, they can't bilk you out of the money. Take your receipts to the submit workplace the place you mailed the equipment from and make a declare. in case you may desire to, communicate with the submit grasp.


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