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I already agreed to pay, can she sue ?

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Serious999

Guest
What is the name of your state? FL

Hi,

Me and my ex-girlfriend had a cruise together about 3 weeks ago.
For both of us I used cash, she used CC. We agreed to this arrangement with promise to pay each other back what owed fairly. Shortly after the trip I found out she had a boyfriend on the side and we broke up.
Now she wants to get half of the CC balance back forgetting to subtract the cash I spend on her. Total CC balance for the trip $1200 / 2 = $600.
I said that I have no problem paying back what I owe but minus the cash I spent on her, tips, bars, sueveneers, and so on splitting right in the middle. For example: I paid to park her car for 3 nights $30 divided by 2 = $15 - that needs to be subtracted from the amount I owe. She also used CC to buy things just for herself, which are not subtracted from that amount either.

To make a story short, I asked her (in writing) couple of weeks ago to give me that detailed bill from the cruise, so I will have enough time to calculate the amount owed, warning that the time is essential because we're both busy people. She agreed, but didn't produce the bill till the last moment, leaving me no time to do the numbers.
Now she is filing the small claim because I didn't come up with the money at her request at the time she wishes to. During all that time I was trying to communicate with her via email in civilized manner, but only what I got was irritating emails and angry late phone calls.
It is not my fault that she didn't give me the records on time. Consequently, I need time too to calculate the numbers.

1) Does she have a case in small claims, taking into account that in multiple emails I stated that I don't have problems paying what is fairly owed after her producing the records? (only 3 weeks past after the trip).

2) I have diabetes and with all that unfair stress she gives me with late calls and such, my sugar is out of wack and I had to take some time off from work. Can I counter sue her for the lost work time or health related damages?

3) What should be my tactics in court?

4) As far as final amount owed, most likely: will it be $600 or 600 minus (my cash/2 + stuff she bought for herself) ?

4) Will be all my efforts to communicate with her in civilized manner with no result taken into account affecting the final decision?

Thank you.

Serious999
 


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Veronica01

Guest
First, if the boat is registered in a foreign country, you probably have a jurisdiction defense. You may raise this question in the court with respect to the money spent on the boat as soon as the boat sailed out of port.

The money that was spent on the soil of a foreign country is certainly outside the jurisdiction of the court in Florida. The court in Florida should not accept jurisdiction on this dispute, but whether the judge will consider a jurisdiction question, wait and see. If he does accept jurisdiction and you are not satisfied, you could appeal to the disctrict court.

Your second defense line is that of proving that she spent the money on you. If you do not approve that the itemized statement she sent to you as money spent on you, it will be absurd that the judge will presume the money was indeed spent on you. There will be no dispute on the money that you approve she spent on you.

If the court does not arbitrarily accept jurisdiction on the matter, she will get nothing in the court.

Her calls and your illness has no bearing on this dispute. If you feel it is too much of calls and you asked her not to call you again, check with a local attorney to determine whether her activities amount to a harassment claim.
 
S

Serious999

Guest
Thanks Veronica. You raised the right question about jurisdiction, I didn't even think about it. Yes, the boat is registered in foreign country. I definitelly will raise that question in court.
Her CC is the US credit card, does it affect anything?

Thank you.
 

HomeGuru

Senior Member
Veronica01 said:
First, if the boat is registered in a foreign country, you probably have a jurisdiction defense. You may raise this question in the court with respect to the money spent on the boat as soon as the boat sailed out of port.

The money that was spent on the soil of a foreign country is certainly outside the jurisdiction of the court in Florida. The court in Florida should not accept jurisdiction on this dispute, but whether the judge will consider a jurisdiction question, wait and see. If he does accept jurisdiction and you are not satisfied, you could appeal to the disctrict court.

Your second defense line is that of proving that she spent the money on you. If you do not approve that the itemized statement she sent to you as money spent on you, it will be absurd that the judge will presume the money was indeed spent on you. There will be no dispute on the money that you approve she spent on you.

If the court does not arbitrarily accept jurisdiction on the matter, she will get nothing in the court.

Her calls and your illness has no bearing on this dispute. If you feel it is too much of calls and you asked her not to call you again, check with a local attorney to determine whether her activities amount to a harassment claim.
**A: oh great, more crappy advice.
 
V

Veronica01

Guest
Serious999 said:
Thanks Veronica. You raised the right question about jurisdiction, I didn't even think about it. Yes, the boat is registered in foreign country. I definitelly will raise that question in court.
Her CC is the US credit card, does it affect anything?

Thank you.

Do not restrict your defense to the jurisdiction, if the judge still wants to accept jurisdiction, you should benefit from the alternative pleading, the second defense in my previous comment.

The issuer of the CC demands that the user of the card resolve his disputes with the issuer in the specified jurisdiction designated by the contract of the user with the issuer. It has no bearing on the beneficiary from the transaction with the card, particularly when the transaction occurs in foreign country. Have you spent any money in a foreign country?
 

JETX

Senior Member
"Can you be more specific"
*** Yes, as usual, I will be pleased to show the stupidity in your post.

"First, if the boat is registered in a foreign country, you probably have a jurisdiction defense."
*** Wrong. It makes no difference where the charges were made. The credit agreement says that the borrower agrees to pay ALL valid charges made to the card. If this 'jurisdictional issue' was valid, no merchant in foreign countries would accept your VISA or MasterCard!!

"You may raise this question in the court with respect to the money spent on the boat as soon as the boat sailed out of port."
*** Again, wrong. The court will not 'entertain' this 'defense. In fact, the only reaction that this will get from the court will be a sore ribs.... from laughing so hard.

"The money that was spent on the soil of a foreign country is certainly outside the jurisdiction of the court in Florida."
*** As noted above, wrong again.

"The court in Florida should not accept jurisdiction on this dispute, but whether the judge will consider a jurisdiction question, wait and see."
*** There is no 'wait', nor is there a 'see'. This simply is not a valid defense.

"If he does accept jurisdiction and you are not satisfied, you could appeal to the disctrict court."
*** Though the losing defendant certainly has the right to appeal, any apellate filing claiming this would be rejected.

"Your second defense line is that of proving that she spent the money on you."
*** That is correct and pretty obvious. As in any litigation, the party making the claim has to prove it sufficient to the court.

"If you do not approve that the itemized statement she sent to you as money spent on you, it will be absurd that the judge will presume the money was indeed spent on you."
*** You have no idea what the court might or might not agree to. And your opinion of 'absurdity' is, in itself, absurd.

"There will be no dispute on the money that you approve she spent on you."
*** How can you say that?? There is nothing in this thread that says there is ANYTHING to support his claim of funds spent on her behalf. This writer has the exact same problem...... trying to prove his expenses on her behalf... AND that there was a repayment agreement.

"If the court does not arbitrarily accept jurisdiction on the matter, she will get nothing in the court."
*** What the heck are you on?? There is NOTHING 'arbitrary' about a court accepting or denying jurisdiction.

"Her calls and your illness has no bearing on this dispute. If you feel it is too much of calls and you asked her not to call you again, check with a local attorney to determine whether her activities amount to a harassment claim."
*** This comment is so stupid, it is beyond wasting time for a response.

Veronny.... as usual, your entire post was inane and has absolutely NO basis in law.

So, in order to give ACCURATE legal advice to the writer, lets try again:

"Does she have a case in small claims, taking into account that in multiple emails I stated that I don't have problems paying what is fairly owed after her producing the records? (only 3 weeks past after the trip)."
*** Yes, she has a case. How good a case depends entirely on the evidence that she could present to the court. In fact, the emails that you mention would probably support her claim that you had an agreement to split costs. Without them, it would have been a case of your word against hers.

"I have diabetes and with all that unfair stress she gives me with late calls and such, my sugar is out of wack and I had to take some time off from work. Can I counter sue her for the lost work time or health related damages?"
*** No.

"What should be my tactics in court?"
*** There are no 'tactics' to be used in small claims court. You simply tell your version of the facts.

"As far as final amount owed, most likely: will it be $600 or 600 minus (my cash/2 + stuff she bought for herself)?"
*** Okay.

"Will be all my efforts to communicate with her in civilized manner with no result taken into account affecting the final decision?"
*** No. The only issue the court will concern themselve with are.... was there an agreement to repay part of the expenses and, if so, how much.
 
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Veronica01

Guest
You agreed with me in every point I raised in my comments to poster. So, what is your objection?
 

HomeGuru

Senior Member
We object that you are still on this website giving crap advice and then trying your smoke and mirrors game.
 
V

Veronica01

Guest
HomeGuru said:
We object that you are still on this website giving crap advice and then trying your smoke and mirrors game.

That derails the thread from its purpose, which is to provide the poster an opinion about his grievance.

I provided an opinion, you said you disagree, perfectly legitimate and normal. The poster will ultimately decide what is best for him and he will make his decision.
 

JETX

Senior Member
Veronica drizzled, "You agreed with me in every point I raised in my comments to poster. So, what is your objection?"
*** What part of my post do you think was 'agreeing' with you?? Do you not understand the word WRONG???
 

HomeGuru

Senior Member
JETX said:
Veronica drizzled, "You agreed with me in every point I raised in my comments to poster. So, what is your objection?"
*** What part of my post do you think was 'agreeing' with you?? Do you not understand the word WRONG???
**A: thus my smoke and mirrors comment.
 
V

Veronica01

Guest
To my dear friend JETX

.......................You wrote:
"First, if the boat is registered in a foreign country, you probably have a jurisdiction defense."
*** Wrong. It makes no difference where the charges were made. The credit agreement says that the borrower agrees to pay ALL valid charges made to the card. If this 'jurisdictional issue' was valid, no merchant in foreign countries would accept your VISA or MasterCard!!
.......................I wrote
The issuer of the CC demands that the user of the card resolve his disputes with the issuer in the specified jurisdiction designated by the contract of the user with the issuer. It has no bearing on the beneficiary from the transaction with the card, particularly when the transaction occurs in foreign country. Have you spent any money in a foreign country? Isn't this what Guru said it is smoke and mirrors?

.......................You wrote
"You may raise this question in the court with respect to the money spent on the boat as soon as the boat sailed out of port."
*** Again, wrong. The court will not 'entertain' this 'defense. In fact, the only reaction that this will get from the court will be a sore ribs.... from laughing so hard.
.......................This is your parody about the court. It is neither an objection, nor a legal opinion.

.......................You wrote
"The money that was spent on the soil of a foreign country is certainly outside the jurisdiction of the court in Florida."
*** As noted above, wrong again.
.......................My response
What did you note above? To say it is "wrong again" that money spent in a foreign country is under the jurisdiction of a court in the US, you must be missing big things! If you meant by "above" the first of your comment, well, there you agreed with me. What's you comment for?

.......................You wrote
"The court in Florida should not accept jurisdiction on this dispute, but whether the judge will consider a jurisdiction question, wait and see."
*** There is no 'wait', nor is there a 'see'. This simply is not a valid defense.
.......................My response
May be if you were the judge, but it's not going to be you. This is a legitimate defense, it is unwise not to benefit from it. So often, the jurisdiction defense is used successfully. You cannot predict until it is done. I bet you know that.

.......................You wrote
"If he does accept jurisdiction and you are not satisfied, you could appeal to the disctrict court."
*** Though the losing defendant certainly has the right to appeal, any apellate filing claiming this would be rejected.
.......................My response
You are making a decision for the court of appeal now? Serious? You are not even the counsel of the complainant to discourage the appellant from appealing. (by the way, on the margin, you have previously accused me I don't understand English because my typo error. You have two typo errors in your response, do you see them?)

.......................You wrote
"Your second defense line is that of proving that she spent the money on you."
*** That is correct and pretty obvious. As in any litigation, the party making the claim has to prove it sufficient to the court.
.......................You couldn't say it better. This is what I said. What is your objection? Your statement is called "a derivative work" in the copyright US code.

.......................You wrote
"If you do not approve that the itemized statement she sent to you as money spent on you, it will be absurd that the judge will presume the money was indeed spent on you."
*** You have no idea what the court might or might not agree to. And your opinion of 'absurdity' is, in itself, absurd.
.......................My response
The court is not going to rule in her favor just because she says she spent the money on him and he does not agree, and there no evidence that she spent that specific amount on him. If your point is that he already admitted that he will pay his share of the money spent on him, as evidenced by the email to her, he is not denying that fact. But if she provides a list of items that he disputes some of it was money spent on him, this is a different question before the court, it is going to be her word against his. I presume you read the poster saying he is willing to pay her what she has spent on him, not all she claims she has spent on him.

.......................You wrote
"There will be no dispute on the money that you approve she spent on you."
*** How can you say that?? There is nothing in this thread that says there is ANYTHING to support his claim of funds spent on her behalf. This writer has the exact same problem...... trying to prove his expenses on her behalf... AND that there was a repayment agreement.
.......................My response
His claim of funds spent on her behalf? What’s that? I responded to HIS post, not HERS. I responded about HER claim of funds spent on HIS behalf. Your comment following the quoted sentence from my response to poster is like publishing a book with the title “Veronica is Terrorist”, and the inside of the book is a story about Adam and Eve and the apple tree!

.......................You wrote
"If the court does not arbitrarily accept jurisdiction on the matter, she will get nothing in the court."
*** What the heck are you on?? There is NOTHING 'arbitrary' about a court accepting or denying jurisdiction.
.......................My response
Exactly, there is none, but if it happens, this is what I meant.

.......................You wrote
"Her calls and your illness has no bearing on this dispute. If you feel it is too much of calls and you asked her not to call you again, check with a local attorney to determine whether her activities amount to a harassment claim."
*** This comment is so stupid, it is beyond wasting time for a response.
.......................My response
This is not typical of you. You spent all the time parsing my response to the poster, and here you say my response is “stupid” without demonstrating why it is so. This is because you could not defeat what I said, not even by smoke and mirrors, is it not true? In fact, you repeated my response a few lines down in your response. Is your response stupid too?
 

JETX

Senior Member
VeryPoor: Your response is full of contradictions and convolutions of your own post. It is simply so ludicrous (and full of lies) that it simply isn't worth my time responding.
BTW, consider this as strike three!
 

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