• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

A long time ago

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Thunderstorm

Junior Member
What is the name of your state? Florida

Here’s my problem…….
Several years ago I got engaged to a man I knew since I was 7 years old (good family friend), gave my notice at work and left San Diego to live with him, we temporarily lived in Albuquerque, NM with his mother. During this short period of time he gave me some money to pay one truck payment and for the storage unit that held my furniture that was going into our new home when we moved to Florida. He also gave me some travel expense money for us to get to Florida; gasoline, hotel, meals and some vacation clothes for him for the warm weather once we got there.

I realized this wasn't the man I wanted to marry and in May 2002 the relationship was over. We've had absolutely no communication for 3 years now and all of a sudden last week I started receiving phone calls from him telling me that I owe him money and that he has receipts to prove it, which I don’t think he does and that if I don’t contact him soon to let him know I’m sending him the money he is going to resort to different measures to get the money.

**Note: When he gave me the money we were getting married and there wasn’t a verbal deal of any kind that I had to pay him back and a large portion of it was spent on him.

My questions are:

1.) Can he take me to Small Claims Court or any other court with him living in NM and me living in FL?

2.) Is there a time statute on something like this ~ he is just now asking me to pay him back and it’s been over 3 years?


Any advise would be greatly appreciated!!
 
Last edited:


Happy Trails

Senior Member
Thunderstorm said:
What is the name of your state? Florida

Here’s my problem…….
Several years ago I got engaged to a man I knew since I was 7 years old (good family friend), gave my notice at work and left San Diego to live with him, we temporarily lived in Albuquerque, NM with his mother. During this short period of time he gave me some money to pay one truck payment and for the storage unit that held my furniture that was going into our new home when we moved to Florida. He also gave me some travel expense money for us to get to Florida; gasoline, hotel, meals and some vacation clothes for him for the warm weather once we got there.

I realized this wasn't the man I wanted to marry and in May 2002 the relationship was over. We've had absolutely no communication for 3 years now and all of a sudden last week I started receiving phone calls from him telling me that I owe him money and that he has receipts to prove it, which I don’t think he does and that if I don’t contact him soon to let him know I’m sending him the money he is going to resort to different measures to get the money.

**Note: When he gave me the money we were getting married and there wasn’t a verbal deal of any kind that I had to pay him back this money and a large portion of it was spent on him.

My questions are:

1.) Can he take me to Small Claims Court or any other court with him living in NM and me living in FL? ***Anyone can sue anyone. The place where the transactions took place would be where he would have to file.

2.) Is there a time statute on something like this ~ he is just now asking me to pay him back and it’s been over 3 years? ***NM has a SOL on an oral agreement at 4 years. But by what you are saying, there is no agreement.

Any advise would be greatly appreciated!!
I think he has a very weak case.
 

Thunderstorm

Junior Member
Money Owed - No Verbal Agreement

Thanks Happy Trails for the words of encouragment!!

I'm almost positive that he does'nt have much of a case but I'm more worried about him still trying to take me to Small Claims Court and then I would have to pay for a $400 plane ticket to appear in the state of New Mexico where he would file it. Can he do this? Would I have to go?

Also, he has no address for me whatsoever and doesn't know where I work so how would he serve me in the first place?
 

Happy Trails

Senior Member
Thunderstorm said:
Thanks Happy Trails for the words of encouragment!!

I'm almost positive that he does'nt have much of a case but I'm more worried about him still trying to take me to Small Claims Court and then I would have to pay for a $400 plane ticket to appear in the state of New Mexico where he would file it. Can he do this? ***Yes, he could. Would I have to go? ***If you don't, he could be awarded judgement against you.

Also, he has no address for me whatsoever and doesn't know where I work so how would he serve me in the first place?
Then he has even more problems, if he can't find you he can't have you served.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top