Kind of a complicated question involving a really annoying law suit thats mostly hear say?

Question

Really long story gonna try to make it short. I used to live in a house with a bunch of people who constantly partied. We were going on a trip to Europe and a plane ticket was purchased on ex friends credit card as a GIFT (obviously in my name) I wasnt even working at the time how could I pay for it? Well I found out I was pregnant shortly after with my fiancees baby and obviously couldnt go on the trip. I moved out of the house shortly after (there was no lease involved) because I wanted my baby to have a good life and that isnt a place to have a child in. Well now he's claiming I said i'd pay for the ticket - I didn't. Tried to work out a deal with him that i'd pay for whatever didn't get refunded since he could get a partial refund but he never got the refund (he had to do it since it was his credit card). He's mad me and my fiancee moved out and is now trying to sue me for the ticket. The whole case is hear say but i'm so upset - I never said i'd pay for it and I can't afford it!

Basically what I want to know what are the chances if I go in the court room and honestly explain the situation to the judge? especially if he has several people lying for him? I have a few witnesses to back me up but like I said the whole case is hear say.

and obviously I dont know anything about hearsay or small claims court or I wouldn't be asking this question.

Answer 1

Was any one sober when the ticket was bought??
gather any information you have in writing, notes emails etc, any phone mssages you kept, Gather your mutual friends who were around when this happened and find out where their loyalties lie, be as prepared as humanly possible to go to court and hope the judge believes your paperwork over his .......he said she said cases always go to the one with paperwork to back it up..... start tucking away money, quit smoking, or drinking and wach your food and entertainment money closely because the odds are you will have to pay at least a portion of the money. He wasn't your bf so why would he just gift your ticket, I am not a Judge and I hear what you are saying but I question it being a gift rather than a loan no matter how drunk or high he was.... sorry but you asked... start cutting corners and hope for a split since he could have gotten money back and chose not to

Answer 2

There is a 'hear say' rule in Court

It is a rule of evidence that prohibits secondhand testimony at a trial. For example, if an eyewitness to an accident later tells another person what she saw, the second person's testimony is hearsay. The reason for this rule is that the opposing party has no ability to confront and cross-examine the person who has firsthand knowledge of the event.

The ticket will show on the credit card (this is not hear say - and can be proved). However, I don't know if the ticket will show WHO the ticket was bought for. For example - did the ticket have YOUR name on it? .. or anyone else's name? Also - "IF" he got a refund of any kind .. the records of the credit card will reflect this. This evidence is NOT hearsay .. it is actual proof of an airplane ticket being bought.

Now .. the part where HE says that you agreed to pay for the ticket .. and YOU said you did NOT agree to pay for the ticket .. is his word, against your word. Unless he has actual proof .. an agreement of some sort.

To help your case - you would be wise to get undesputeable proof that you were NOT working. AND .. if you have any witness that you off-set his witnesses that he might have. You can add your testimony.

When you go to court - have your proof ready.

Answer 3

It would depend on a number of circumstances. First of all, who lived in the house and how did you pay for it? If you routinely split the rent and bills, then the judge may feel like you agreed to pay for it. If you had no job and the other housemates were paying for everything, then it is obvious that you didn't agree to pay for it. I don't know what your chances are in court, but it's worth going in and seeing. Don't bother with an attorney for such a small case.

Oh, and by the way, this is not hearsay. Hearsay is when you say "someone said ____" but you don't know who that someone is.

Answer 4

First of all, you don't understand the principles of hearsay - in this case IT DOES NOT MATTER.
He may indeed win the suit against you.
I suggest you get an attorney.
Also, let the attorney know how much $$$ he is suing you for, and let the attorney see the formal complaint that was served to you.
Without seeing that, I can't tell you anything terribly helpful to you. You haven't provided the necessary details for any decent answer.
Your attorney will need to see the complaint so that they know the amount that is being claimed (It does indeed matter!), and the theory that it is being sued under (otherwise known as the Cause of Action).
Keep in mind, if you can't afford to pay it now, you will be able to pay it later. If he gets a judgment against you, when you ARE able to pay it, you MUST pay it.

Answer 5

Small Claims is based on what the judge believes. If he believes the ticket was a gift, you don't have to pay (unless he believes you agreed to pay after the fact).

Hearsay is basically what Small Claims is all about.

Answer 6

I highly doubt your ex friend can win against you. Unless you go on "Judge Judy," you have nothing to worry about. A plane ticket in your name also means you have up to a year to use it or credit it towards another flight (at least with the domestic airlines I travel it does).

Answer 7

Well if you have witnesses then half is done a nd the rest ^^^ what the judges POV on it