Expert Advice When You Need It Most

Procedure for filing a lawsuit in FL state small claims court for outstanding debt

Asked over 3 years ago - Tampa, FL

In the fall of 2004 I gave my friend $900 to pay bills. This was an outright gift. I did not expect repayment. I own a house in Springfield, MA. Since 2004 I have moved to Tampa, FL.

In Feb. of 2008 I couldn't meet my mortgage payment. My friend volunteered the $900, plus $500 so that I could come up to see her (her idea). She also agreed to move into my house in Mass. on March 1, 2008.
Thsi again was offered as a outright gift. No repayment was expected.

On the second or last day of February she called to say she would not move in. She gave no reason. I used the $500 to pay my mortgage.

She called me frequently, after that and began to say hurtful things, such as "Gee, are you going to lose your house?" "Where are you going to get the money?" I stopped answering her phone calls

A month ago I received an e-mail asking for repayment of the $500. I ignored it. Three days ago I received another e-mail saying that if I didn't submit payment she would take the case to court.

Neither of us signed any documents concerning the money at any time.

Does she have a case?

Flag

Save

Share with:

Attorney answers (2)

John M. Kaman

Reputation Level 20

Answered over 3 years ago. Criminal Defense Attorney in San Francisco, CA.

Flag

No, she doesn't have a case. These were gifts and you can't sue for their routine. Something else must have turned her bitter on your relationship. Don't worry--she'll never sue.

www.kamanlaw.com

Mark as good answer

Add comment

Will Murphy

Reputation Level 13

Answered over 3 years ago. Lawsuit / Dispute Attorney in Hollywood, FL.

Flag

If there is no evidence to support her position that this was a loan and not a gift, then her case is weak. She could offer her own testimony, but if you testify that it was a gift and if the fact finder sees your testimony as credible, you should prevail.

I agree with a prior poster -- based on the facts as you outline them, I would be surprised is a suit is filed. If it is, I would contest jurisdiction in Florida.

I think your best bet is not to waste energy worrying about this. If you feel morally compelled to repay her, do so. If you do not, then don't do anything to antagonize the her or that could be used against you, and go about your business.

If she does, I can send you an article on small claims procedure in FL. Email me at Will@MurphysLawFirm.net if you want the article (free of charge).

Naturally this is all based on the limited facts you have outlined and should not be relied on as legal advice, just some observations for your to consider.

Mark as good answer

Add comment