Small Claims Court

[ereyes83]

What is the name of your state?What is the name of your state? New York, NY

Question:

After many, many, many conversations I convinced my cousin is trying to sue her ex boyfriend. She bought him a computer for which he was supposed to pay her back monthly (Cost: $1700), and also put a cell phone under her name which he was supposed to be pay monthly ($50/month + $200 Overage Charges + $175 disconnection fee). She also helped to pay his rent for two months ($500), which again he was supposed to give her money for but didn’t.

Up until two weeks ago they had plans to move to Chicago (currently residing in NYC) together until he told her “things aren’t working out, oh and I’m leaving for Chicago this week”. The whole family warned her that the boyfriend was just using her for money, but love is blind and she kept thinking he was really going to pay her back. She told him she wanted the computer back and she would just pay it off herself he agreed. He hasn’t called nor written.

Today she received the disconnected cell phone in the mail, with his former address as the return address (in Indiana). But the postage was stamped the package was sent from Hawaii.

Is there a way she can take him to small claims court to get the $$ he owes her? She has the receipts for everything but the only contract she has between her and him is a “Verbal contract” stating he would pay for what he owes. Also another problem would be because he has moved out of state is it still possible to file a claim? What if the address she has isn’t the address he currently resides in?

I told her she may have to swallow her pride and learn from her mistakes, but this is a big $3,000 mistake. Please let me know any information you can provide.

Thanks

 

[You Are Guilty]

Even assuming she can prove these were not gifts, how/where is she going to serve him with a copy of the Complaint? Until that's accomplished, it doesn't matter how good a case she may have.

 

[Florid-aise]

What is the name of your state?What is the name of your state? New York, NY

Question:

After many, many, many conversations I convinced my cousin is trying to sue her ex boyfriend. She bought him a computer for which he was supposed to pay her back monthly (Cost: $1700), and also put a cell phone under her name which he was supposed to be pay monthly ($50/month + $200 Overage Charges + $175 disconnection fee). She also helped to pay his rent for two months ($500), which again he was supposed to give her money for but didn’t.

Up until two weeks ago they had plans to move to Chicago (currently residing in NYC) together until he told her “things aren’t working out, oh and I’m leaving for Chicago this week”. The whole family warned her that the boyfriend was just using her for money, but love is blind and she kept thinking he was really going to pay her back. She told him she wanted the computer back and she would just pay it off herself he agreed. He hasn’t called nor written.

Today she received the disconnected cell phone in the mail, with his former address as the return address (in Indiana). But the postage was stamped the package was sent from Hawaii.

Is there a way she can take him to small claims court to get the $$ he owes her? She has the receipts for everything but the only contract she has between her and him is a “Verbal contract” stating he would pay for what he owes. Also another problem would be because he has moved out of state is it still possible to file a claim? What if the address she has isn’t the address he currently resides in?

I told her she may have to swallow her pride and learn from her mistakes, but this is a big $3,000 mistake. Please let me know any information you can provide.

Thanks

Not intending to deflate an already deflated situation, but realistically, what expectation would your cousin ever have of the ex b/f having the means to pay a court judgement. [Do not forget to count the cost of filing the suit - the service of process - the court appearances near and the court appearances far away - and all of that valuable time that could be spent doing something productive ]

Can she file a lawsuit? She certainly can.