• 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.

Contractual issue pertaining to a small claims suit

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

Afishionado

Junior Member
What is the name of your state (only U.S. law)? Florida.

Exclamation Contractual Issue Pertaining to a Small Claims Suit
My question involves a consumer law issue in the State of: Florida

I recently filed a small claim against a horse boarding facility I previously used. My girlfriend was the one who signed the boarding agreement with the facility, but I was the one paying the monthly bill of which there is a paper trail leading back to my checks with my name on the heading of the check.. A falling out occured between my girlfriend and the facility owner on February 13th 2016 and we were forced to move our horses that same day, and they promised to pay us the pro rated board of $275.87 because we paid up front for the month of Feb.

They refused to pay us after the incident so I filed a small claims suit and yesterday was the pre trial mediation.. An agreement could not be reached with the mediator so we went before the judge so she could set us a trial date.. The judge then told me that because my name was not on the contract with the facility that she doesn't believe I can sue even though the paper trail leads back to me and my checks which I have proof of.. She said if I could find a rule or a statute in the meantime that proves otherwise then I should send it to her before the trial..

This doesn't seem right to me because in the end I was footing the bill for the stable therefore I feel I should be entitled to MY money that I am owed and it seems ridiculous that because my name was not on the boarding contract then I "don't have a leg to stand on" according to the judge, her exact words.. Are there any laws, rules, statutes, ect that could help me here? I've been digging but coming up empty.. Any help would be greatly appreciated.. Thank you for the time and consideration to my question
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Florida.

Exclamation Contractual Issue Pertaining to a Small Claims Suit
My question involves a consumer law issue in the State of: Florida

I recently filed a small claim against a horse boarding facility I previously used. My girlfriend was the one who signed the boarding agreement with the facility, but I was the one paying the monthly bill of which there is a paper trail leading back to my checks with my name on the heading of the check.. A falling out occured between my girlfriend and the facility owner on February 13th 2016 and we were forced to move our horses that same day, and they promised to pay us the pro rated board of $275.87 because we paid up front for the month of Feb.

They refused to pay us after the incident so I filed a small claims suit and yesterday was the pre trial mediation.. An agreement could not be reached with the mediator so we went before the judge so she could set us a trial date.. The judge then told me that because my name was not on the contract with the facility that she doesn't believe I can sue even though the paper trail leads back to me and my checks which I have proof of.. She said if I could find a rule or a statute in the meantime that proves otherwise then I should send it to her before the trial..

This doesn't seem right to me because in the end I was footing the bill for the stable therefore I feel I should be entitled to MY money that I am owed and it seems ridiculous that because my name was not on the boarding contract then I "don't have a leg to stand on" according to the judge, her exact words.. Are there any laws, rules, statutes, ect that could help me here? I've been digging but coming up empty.. Any help would be greatly appreciated.. Thank you for the time and consideration to my question
You were paying on behalf of your girlfriend...it's up to her to sue. If you feel you are entitled to something back, get it from her.

I would explore amending your GF to the complaint.
 

Find the Right Lawyer for Your Legal Issue!

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