Can I sue for money owed?

[kbford72]

What is the name of your state? Maryland

In September 2001, my husband and I signed up and paid for a trip to Jamaica with a bunch of friends...we were scheduled to leave on September 15, 2001. Due to September 11th, we couldn't get a flight out and our trip was postponed to January - DH and I couldn't go due to work and personal obligations, so we "sold" our spots to two other people. One paid at the time of transfer, one didn't, and still hasn't.

The friend who coordinated this vaction sent me this e-mail when I told her we could no longer go:

My husband found 2 people to take your spot on the vacation. One is X's girlfriend. The other is our friend Y. Just a warning: Y is slow to pay back so it may be a little while before you get all of your money.

Last January (a year after Y took this vacation on my dollar) he gave us $300 (the total of the trip was $1,400 per person) and we haven't seen one dime since. I sent him this e-mail last week:

Y – I need to collect the remainder of the money you owe us for the Jamaica trip. You paid us $300 last year, which leaves $1100 owed to us. If you could send us a check, within the next few weeks, that would be great. Our address is:

and haven't heard one peep. My plan is, if he doesn't pay me – I wanted to see want to sue him for the $1100 plus interest, plus legal fees...do I have a case?

My next step would be to send a certified letter - should it come from me, or should I contact a lawyer?

 

[JETX]

"and haven't heard one peep. My plan is, if he doesn't pay me – I wanted to see want to sue him for the $1100 plus interest, plus legal fees...do I have a case?"
*** Your post isn't totally clear as to WHO gave you the 'repayment committment'. Was it your friend ("My husband found 2 people to take your spot on the vacation") or was it the person who actually took the trip??
The issue here is, you would need to pursue any action against the person who YOU dealt with, and that may not be the person who ultimately took the trip.

Example: Lets say that 'Jane' was the person who contacted you and told you of someone she/they had found to take your place. We will call him Bob. Did Bob ever tell you directly that he would pay you, or was this something that Bob said to you through Jane?? If Bob didn't tell YOU directly of the repayment, then you need to go after Jane for payment (since she is the involved party). Jane could then take action against Bob to recover what she would have to pay you.

 

[kbford72]

Ok - in the same above example - Jane is the person I delt with, however, Bob gave ME a check for $300 - partial payment for the trip - does that cut Jane out of the middle?

 

[JETX]

Though it might be possible for the small claims court to infer his obligation to you by the payment, it is equally (more?) likely that the court would find that Bob has no direct contractual obligation to you. This would be supported by any obligation that Bob made with Jane would be hearsay testimony for you.

You would need to sue Jane, or enter an agreement where Jane will sue Bob for the money that he promised HER.