I was engaged and had given my fiance my credit card for emergencies and a cellphone in my name ( I know stupid but I really thought we were to be wed) a few days before wedding he changed his mind and moved out and acknowledges the bills are his and says he will pay but doesn't...if I took him to small claims court what is chances I'd win? I have proof of intent to marry w/marriage licence and also people who heard him say he'd pay me back. Total its $1250 and it's in the State of Florida.
Thank you for any advice or answers!
2006-12-14 02:56:34 · 8 answers · asked by Anonymous in Business & Finance ➔ Personal Finance
No, the judge would have to favor his side. However, the judge would also be aware that he lacks the financial means to appeal the case. So, the judge might be willing to mandate that he pay a good portion of it.
Prove that you were engaged and that he practically stood you up at the alter. That would eliminate any chance that you might be perceived as "stupid." Also the judge would feel more comfortable (knowing that if he complained about the verdict through the media many more people would side with you).
2006-12-14 03:19:50 · answer #1 · answered by Lightbringer 6 · 1⤊ 0⤋
You gave him your phone and credit card of your own free will. In essence, you agreed to co-sign for any debt he incurred. Doesn't matter that you thought you were to be married or not and that he acknowledged they were his bills. You let him use the items in question so you're responsible for paying.
You could perhaps win a case in small claims court, but would it be worth the hassle and the extra fees incurred if you do lose. If you do win, will you get your money anyway. They can say he has to pay, but doubt if they can enforce payment.
2006-12-14 06:29:22 · answer #2 · answered by parsonsel 6 · 1⤊ 0⤋
You have a very good case as long as you can prove only he used the cell phone and if you did not use the items for your own use. Now the problem could be the counter sue, what did you use of his. Did you return the engagement ring? this all can be used against you. For 1250 I would eat it and accept it as a good lesson of life. remember just because you win the case does not mean you get the money. If he can prove he is unable to pay the judge could put a $5 .a month payment plan
2006-12-14 03:09:48 · answer #3 · answered by dave m 1 · 1⤊ 2⤋
No; he had your permission to use the cards so it is not identity theft. He did, however, know it was to pay the bills for both of you. You may indeed have a small claims case. You can find out by going to your county courts offices.
2006-12-14 03:06:47 · answer #4 · answered by hopflower 7 · 1⤊ 0⤋
Natural justice is on your side and I think you will win.
Also from a legalistic point of you, the money you allowed him were in anticipation of marriage, and such gifts are returnable when the marriage does not take place.
Also he admitted his liability in front of witnesses, which strengthens you case. Go ahead and sue.
2006-12-14 04:14:23 · answer #5 · answered by Anonymous · 0⤊ 1⤋
Sounds like you may have an identity theft case. Go to http://www.ftc.gov for more info.
http://www.handlethetruth.net
2006-12-14 03:04:08 · answer #6 · answered by truth_handler 3 · 0⤊ 2⤋
Call your credit card company see if they will credit the charges....if not ...call the police and report fraudulent charges and put his butt in jail. Don't tell people you gave him the card...that's stupid!
2006-12-14 03:52:54 · answer #7 · answered by nosey rosey 2 · 0⤊ 2⤋
you have a solid case - verbal agreements are enforceable - just hard to prove
2006-12-14 03:09:26 · answer #8 · answered by Anonymous · 0⤊ 3⤋