QUESTION
Am I able to sue him in small claims court for breach of contract?
Asked on Mar 09th, 2013 on Personal Injury - Florida
More details to this question:
I provided money for my boyfriend to move across country with me. He in turn took the money and never came. He just got the money last week and immediately stopped communicating with me. It wasn’t a lot of money, but for a single parent, it was all I had.
9 ANSWERS
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You can, but even if you get a judgment against him, you may have difficulty collecting it.
Answered on Apr 09th, 2013 at 9:27 PM
Construction Litigation Attorney serving Mission Viejo, CA
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Law Office of Christian F. Paul
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Yes, you can sue for up to $10,000 in small claims court. You will need whatever proof you have that you gave him money for a specific purpose and he kept it and didn't use it for that purpose. Hopefully you have emails or letters or witnesses that can prove it. You might find it useful to write him an email that says you want the money back since he didn't use it for the purpose that you lent it to him for, and if he doesn't send you the money, at least you have one bit of evidence on your side. Good luck.
Answered on Mar 17th, 2013 at 10:50 PM
Christian Joseph Menard
Oral contacts are enforceable in California. Therefore, the exact wording of your agreement becomes important. If the money was lent for a specific purpose which your friend failed to honor, then he breached his agreement with you entitling you to sue him in small claims court provided the amount is $10,000 or less. You can sue him in the county where he lives, or where the agreement was made, or where the agreement was to be performed.
Answered on Mar 15th, 2013 at 11:54 AM
Ronald A. Steinberg
You got screwed with no kisses. You can sue him, but if you are not both in the same state, you will have a heck of a time collecting on any judgment.
Answered on Mar 12th, 2013 at 10:47 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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Simple answer, yes. You can sue him in small claims court.
Answered on Mar 11th, 2013 at 3:41 PM
Yes you can sue him, but you will probably have to sue him in the state from where you moved from.
Answered on Mar 11th, 2013 at 3:41 PM
Personal Injury Attorney serving Los Angeles, CA
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Law Office of Malosack Berjis
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Assuming that you are able to establish an agreement between the two of you that he would pay you back, you can sue him in small claims court, up to the jurisdictional limits that your state has for small claims actions.
Answered on Mar 11th, 2013 at 3:41 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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I've dealt with this kind of question before, and my answer is "no", but then again the lawyer representing the other party had the opposite answer.
Answered on Mar 11th, 2013 at 3:40 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Yes, so long as the money did not exceed $5,000. Keep in mind that he's probably going to claim it was a gift, so be prepared to prove it was a loan.
Answered on Mar 11th, 2013 at 3:39 PM