Should I sue my step-father?

Question

Here I was working out of the country, I was scheduled to come home on leave. My boyfriend, daughter and I wanted to go on a cruise, so my step-father asked if he could charge cruise tickets on his credit card and keep the cash, which he said he needed badly. I didn't mind. I paid him after I got verification the tickets in paid for in, mine, my boyfriend's and daughter's name. When hurricane Katrina hit New Orleans, they canceled the cruise from New Orleans and issued a refund to my step-father's credit card. He refuses to give me the money. Now all I have is this Travelocity Travel Gnome, I got for using travelocity and he has $2,176.00. My mother is a hateful and vengeful person, none of my sisters talk to her or want anything to do with or her. And there is no telling what she will do. My son is begging: Please don't sue grandpa. And I was told just because you win a judgement, don't mean they will pay.

I do have all the reciepts and emails from Carnival Cruise and him. My sisters fear, my mother will do something revengeful and think it is not worth stirring her up.

Answer 1

WOW this is a tuff situation. Maybe you should take a look at the pros and cons of the situation and ask yourself some questions. He should give you the money there is no doubt there. The man is acting like a complete ***. How old is your son? Is he old enough to realize we are talking about a substantial amount of money? Does he even understand what suing grandpa means? How bad do you need or for that matter want this money back? What will it do to your family relationship (which doesn't sound all that wonderful to begin with)? Have you consulted an attorney? Many of them give free consultation. You could find out what the likely hood of you actually being reimbursed your money is. I think that would help a lot with you decision. I mean why sue if you are not going to get the money back? If it is highly likely that he will be forced to pay back the money and you are willing to deal with what ever consequences the family wants to dish out .....then sue. Only you can answer this question.

Answer 2

hell yeah i would sue thats alot of money to just fork over for nothing.I hope you have some sort of proof that you did that.You will need proof in court if not it will be your word against his.Thats a very vengeful thing to do to you.What a jerk.If you do have the proof and you win the judgement.I think they have a certain time frame to pay in or you can get them for contempt because its in an order from the judge im not for sure on that.I would contact a lawyer or your local legal aide department.If you have NO proof hang it up because you wont win anything.And it will be a learning experience dont ever do that with out getting something written on paper (contract) even with family.I wish you best of luck in that.

Answer 3

Yes, sue him. The amount is small enough for Small Claims court, in which you don't need a lawyer and the filing fee is usually small. Your step-dad sound like a cheapskate, and I'd avoid doing anything financially with him ever again. And if you win a judgement the court can make him pay by garnishing his wages or pension.

Answer 4

Sue, or at least tell him you will do so if he doesn't give you a refund. Before you do, you may want to see why he refuses to refund the money. If he cannot afford it, see if you can work out a payment plan or something similar. This way you get your money back, and he doesn;t have to worry that if he gives it back he won't be able to afford to live. If he is just being an asss, then do what you have to do (legally) to get your money back. If he gets away with it and you do nothing, it just tells him he can do it again.

Answer 5

Take him to small claims court. Generally, the limit is $5000 and you are well under that. You can take a lawyer to small claims court. If you don't want to, you may try using a "pro se" court.

Your friend is correct. After you get a judgement, you may not get paid. If they choose to ignore it, you will have to have the judgement enforced.

You can do this by going back to court and getting an order to pay. Then, you'll have to contact the local sherrif's office (usually) and pay a small fee to have them help you collect it.

If they can't pay, you can seize property and sell it. It can get ugly.

However, I think it is important to stand up to bullies like this and let them know that you are someone who deserves respect and demands it when necessary.

For more details, you'll need to check your state/county laws.

Answer 6

what a situation.first,all parties had good intentions.neither knew this situation would develope. one thing was clear, your step father needed that cash and spoke to that dilemma.now. things took an unusual turn and you lost a preet penny here and you probably need that cash back.now this is just my opinion.let it go .the people involved have no way to repay.they are family and you love them just tell them that if they can pay you a little at a time that would be good. i do mean a little.if the money will cause friction let it go. smile and let it go. suing is no guarantee of payment,but it will guarantee hard feelings. you'll come out the hero,trust me. SMILE.......

Answer 7

Personally, I would sue. What he did was stealing, and it was a crime. He will keep doing this to people unless he sent a very lound clear message that his actions are immoral and illegal. He would sue YOU in a heartbeat if the situations were reversed.

By the way, even if he doesn't pay - his credit will be ruined for years because of the judgement.

Answer 8

I'd sue him. Not only for the money but for the stress, financial difficulties and trouble this has caused you. I know he's your father but man he should have paid you back and in full. Get what's your's girl take him to court.

Answer 9

Look in the yellow pages, there are lots of lawyers that will give you fifteen minutes free phone time. Explain your situation and see if this is something worth going to court over.

Answer 10

Take him to court. Why does your son know about this? This is adults business. He probably did what he did because he feels you won't sue him. Some courts make sure you receive your judgment even if they have to place a lien on his things.