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procedure for filing a lawsuit in FL state small claims court for outstanding debt
Tampa, FL
Viewed 682 times.
Posted about 1 year ago in Lawsuits / Disputes
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Small claims threat, personal gift:
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? - Is this your question? Add additional information Answers (3)
John M. Kaman
This attorney is licensed in California.
Posted about 1 year ago.
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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.
Will Murphy
This attorney is licensed in Florida and 2 other states.
Posted about 1 year ago.
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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. |
