ambersm1987
Junior Member
What is the name of your state (only U.S. law) Florida ?
First thank you for your time and for reading this post. I know it is long but I wanted to make sure that all dates and facts are correctly done before asking for any advise. I have not used any names in my post so here is an easy key. Boy - sisters ex boyfriend. Girl- My sister
I need to know how to sue someone in the military. My sister and him asked my mom if they could borrow her card for plane tickets, hotel and food for a week for her to come see him since he could not get any leave time. He is based out of Jacksonville, North carolina but his home is in Jacksonville Florida. he stated he would pay my mother back everything that was charged including plane ticket, hotel and food. Below is a timeline of events from start to finish along with charges on my mothers credit card. It has been almost 3 months now and she has not recived the money.
Money involved
Money spent on hotel, plane ticket and food - 666.10
Money girl spent to get back to a hotel and stay one night when he left her at the airport and would not return her calls - 134.13
Total amount - 800.23
Interest - 3.96 for charges 20.99 for cash advance A.P.Y
Total interest per month owed- 2.96 per month on charges 20.89 on cash advances. They pay off charges first. Total - 24.95
Total accrued from Sept 1 to Dec 1 ( 3 months) = 74.85
*please note: I only wrote down when my mother corresponded with the boy by myspace e-mail. I am almost sure she never called him because I told her to talk to him only by something that she could save and show to the courts if something like this happened. *
Timeline
August 6th- Boy asks my mom if he can use her credit card to buy a plane ticket and a hotel room for my sister to come see him. He is in the Marines and could not get time off to come see her. He stated he would take out a loan to pay my mother back anything they put on the card. My mom obliged.
August 10th - plane tickets were purchased.
August 22- Boy and girl stay in a hotel charges up 666.10
August 29th - girl misses plane ( boy not getting her there on time, had a friend take her) she takes out 200 in a cash advance on the CC because terminal closed and she needed a cab to get a to a hotel. She came home with 80 dollars so she spent 134.00 of the cash advance
Around mid Oct- Boy asks for car she has been using back
Around mid oct - she drives car to his dads house in Jacksonville Florida
October 25th - mom e-mails boy about money
October 25 - boy says he sent check and it got returned to him, says he needs her address to send her the money
October 27th - mom sends boy her address
Oct 30th - mom e-mails and asks boy where the check is
Oct 31st boy e-mails and says he is on leave, he will drive the check to her
Nov, 2nd - boy never shows so I sent e-mail asking about money and threatening to sue
Nov7 - boy sends letter saying he will sue us if we don’t stop harassing him. Says because of my e-mail he will not pay my mother a penny of what he owes
Nov 8th - his mother calls my mother repeatedly saying she was getting a lawyer to sue us for harassment, about 6 calls that day.
Nov 8th - mother e-mails boy asking him why his mother is calling her over and over again, once again asks boy for the money and gives him two weeks until she sues.
No reply from boy or mother since nov 8th. My sister has stated that he did take out a loan but instead of paying my mother back he used to it fix up his car. However, this is hear say and im sure this is not admissible in court.
My mother should have got it in writing that he would pay her back before any charges were made, however since he has stated in almost all the e-mails to my mom and I that he owes the money or that he was sending the money, does that help our case at all? Especially since his last e-mail stated (quote) “do your research and if you keep trying to get money out of me im going to get a jag officer and stop you from harrasing me dont think big words scare me and now im not ever going to give you any money you should have kept your mouth shut you just screwed over your mom”(end quote)
so now he is clammed up and my mother has not been subpoenaed so I think that they did not sue for harassment. However, could they sue even though my mother and I e-mailed him less than 10 times in a 3 month period?
Will my mother be able to sue for the 134.13 lpus interest on the card since my sister had to take out that money to get a hotel and a cab back to that hotel because he ignored her phone call and did not make sure she got to her plane on time. My sister stated they had a spat and instead of him taking her to the airport he had a friend do it, thus causing her to miss her plane.
Since all the talking was done through myspace, is there anyway we can print these messages and use them in court? Unfortunately his default picture is of his chest and not his face but would we be able to use his album to prove that was his account?
Where do we file this case? His hometown of Jacksonville Florida or where he is based in Jacksonville North Carolina?
Also, he is already in trouble with the military because he was involved in a hit and run of another car on base. He was demoted for this. If we sue him, would he get in anymore trouble? We really don’t want to cause anymore trouble from him, especially since he is an Iraq vet, but the interest is killing my mom and she is having a hard time making payments to this credit card.
Lastly, could we go through JAG to help us with this situation since he is on active duty, if not, should we sue him or just talk to his commanding officer and see what happens?
Thank you all very much for your inputWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
First thank you for your time and for reading this post. I know it is long but I wanted to make sure that all dates and facts are correctly done before asking for any advise. I have not used any names in my post so here is an easy key. Boy - sisters ex boyfriend. Girl- My sister
I need to know how to sue someone in the military. My sister and him asked my mom if they could borrow her card for plane tickets, hotel and food for a week for her to come see him since he could not get any leave time. He is based out of Jacksonville, North carolina but his home is in Jacksonville Florida. he stated he would pay my mother back everything that was charged including plane ticket, hotel and food. Below is a timeline of events from start to finish along with charges on my mothers credit card. It has been almost 3 months now and she has not recived the money.
Money involved
Money spent on hotel, plane ticket and food - 666.10
Money girl spent to get back to a hotel and stay one night when he left her at the airport and would not return her calls - 134.13
Total amount - 800.23
Interest - 3.96 for charges 20.99 for cash advance A.P.Y
Total interest per month owed- 2.96 per month on charges 20.89 on cash advances. They pay off charges first. Total - 24.95
Total accrued from Sept 1 to Dec 1 ( 3 months) = 74.85
*please note: I only wrote down when my mother corresponded with the boy by myspace e-mail. I am almost sure she never called him because I told her to talk to him only by something that she could save and show to the courts if something like this happened. *
Timeline
August 6th- Boy asks my mom if he can use her credit card to buy a plane ticket and a hotel room for my sister to come see him. He is in the Marines and could not get time off to come see her. He stated he would take out a loan to pay my mother back anything they put on the card. My mom obliged.
August 10th - plane tickets were purchased.
August 22- Boy and girl stay in a hotel charges up 666.10
August 29th - girl misses plane ( boy not getting her there on time, had a friend take her) she takes out 200 in a cash advance on the CC because terminal closed and she needed a cab to get a to a hotel. She came home with 80 dollars so she spent 134.00 of the cash advance
Around mid Oct- Boy asks for car she has been using back
Around mid oct - she drives car to his dads house in Jacksonville Florida
October 25th - mom e-mails boy about money
October 25 - boy says he sent check and it got returned to him, says he needs her address to send her the money
October 27th - mom sends boy her address
Oct 30th - mom e-mails and asks boy where the check is
Oct 31st boy e-mails and says he is on leave, he will drive the check to her
Nov, 2nd - boy never shows so I sent e-mail asking about money and threatening to sue
Nov7 - boy sends letter saying he will sue us if we don’t stop harassing him. Says because of my e-mail he will not pay my mother a penny of what he owes
Nov 8th - his mother calls my mother repeatedly saying she was getting a lawyer to sue us for harassment, about 6 calls that day.
Nov 8th - mother e-mails boy asking him why his mother is calling her over and over again, once again asks boy for the money and gives him two weeks until she sues.
No reply from boy or mother since nov 8th. My sister has stated that he did take out a loan but instead of paying my mother back he used to it fix up his car. However, this is hear say and im sure this is not admissible in court.
My mother should have got it in writing that he would pay her back before any charges were made, however since he has stated in almost all the e-mails to my mom and I that he owes the money or that he was sending the money, does that help our case at all? Especially since his last e-mail stated (quote) “do your research and if you keep trying to get money out of me im going to get a jag officer and stop you from harrasing me dont think big words scare me and now im not ever going to give you any money you should have kept your mouth shut you just screwed over your mom”(end quote)
so now he is clammed up and my mother has not been subpoenaed so I think that they did not sue for harassment. However, could they sue even though my mother and I e-mailed him less than 10 times in a 3 month period?
Will my mother be able to sue for the 134.13 lpus interest on the card since my sister had to take out that money to get a hotel and a cab back to that hotel because he ignored her phone call and did not make sure she got to her plane on time. My sister stated they had a spat and instead of him taking her to the airport he had a friend do it, thus causing her to miss her plane.
Since all the talking was done through myspace, is there anyway we can print these messages and use them in court? Unfortunately his default picture is of his chest and not his face but would we be able to use his album to prove that was his account?
Where do we file this case? His hometown of Jacksonville Florida or where he is based in Jacksonville North Carolina?
Also, he is already in trouble with the military because he was involved in a hit and run of another car on base. He was demoted for this. If we sue him, would he get in anymore trouble? We really don’t want to cause anymore trouble from him, especially since he is an Iraq vet, but the interest is killing my mom and she is having a hard time making payments to this credit card.
Lastly, could we go through JAG to help us with this situation since he is on active duty, if not, should we sue him or just talk to his commanding officer and see what happens?
Thank you all very much for your inputWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?