Small Claims Really???

Kristina - posted on 06/05/2012 ( 1 mom has responded )




I am being taken to small claims by my daughter’s exboyfriends mother. Long story short they came into some money last July and wanted to take my daughter on vacation with them. At first it was Destin then they decided on a cruise. I was ok with it but told them I didn’t have the money to pay them for it. I have an email where she stated, “we can work that out later, I’m not too worried about it right now.” Then trip came and went. Never heard nothing about working out paying her. Then the kids break up. Well then the “momma” bear came out in her. Her son had to be hospitalized, take meds for depression, etc. That was in November. Last email from her was, “unless there was a problem you will not hear from me anymore.” Low and behold right after Thanksgiving I have a visit from Family Services, which I know it was her who called. But also know that is private information. Then nothing until March 16th. She sent an email to me regarding a man that she works with had 2 Great Danes stolen from his yard. She emailed me because she knew I watched a lot of the Gread Dane rescue pages and craigslist. She said if I would keep an eye out she would greatly appreciate it. Nothing about paying her anything still. Then I get an email on April 12th requesting reimbursement from the trip last August for my daughter's portion they had paid and the amount. It also stated that I was to pay her in full within 10 days or be sued. I emailed her saying that she never has contacted me about it before now and if she thought I could come up with all of the money within 10 days of her email that she was crazy. I told her I would pay her what I could when I could. I mailed her a check for $25 on April 20th. She filed paperwork on May 4th and finally cashed my check on May 10th. I was served a summons yesterday at my work. Talk about embarrassing. I just can’t believe she refused to work anything out and just takes me straight to court. That shouldn’t be fair. I never said I couldn’t pay her.


Linda - posted on 06/05/2012




You would have been better off paying her nothing. With no letter from her demanding payment for months, and no agreement to pay her, it will be difficult for her to prove that you were going to pay anything.

Since she has gone straight to court, I would take the position that payment for the trip was never guaranteed or part of the bargain. I would print out all her emails. Since nothing was agreed on prior to the trip, and you made it clear that you could not pay for the trip, legally I do not think you are responsible.

Be organized, unemotional, and stick to the facts. Don't worry about it.

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