Ask Me Help Desk - Small claims

I am going to sue in small claims court... the situation is... I paid a sort of boyfriend my half of a vacation that never happened... I canceled the vacation in time to get a return for my share of the cost... it was all on his credit card... when it came back to his card he never gave me the money back... that was almost 10 months ago,, now he says because he gave my daughter a pool table he need not pay me... I don't see the connection... he says that during the time we saw each other he "gave you more than you gave me"... I also don't see a connection... my question... if he gave my daughter a pool table does that mean that he need not give me back the money I gave him for the trip that didn't happen? I have a copy of the canceled check... a copy of the canceled itinerary that shows the money was returned to him... I have asked him for the money but he says I haven't... can I sue for court costs and the use of my money... 10 months... and my lost wages and so forth in a small claims court?

Quote:

Originally Posted by capability

I am going to sue in small claims court...the situation is....I paid a sort of boyfriend my half of a vacation that never happened...i canceled the vacation in time to get a return for my share of the cost...it was all on his credit card...when it came back to his card he never gave me the money back....that was almost 10 months ago,,,now he says because he gave my daughter a pool table he need not pay me...i don't see the connection....he says that during the time we saw each other he "gave you more than you gave me"...I also don't see a connection...my question...if he gave my daughter a pool table does that mean that he need not give me back the money i gave him for the trip that didn't happen? i have a copy of the canceled check...a copy of the canceled itinerary that shows the money was returned to him...I have asked him for the money but he says I haven't...can I sue for court costs and the use of my money...10 months...and my lost wages and so forth in a small claims court?

I doubt that small claims will award you anything beyond the money paid for the trip. Bring all your evidence with you in triplicate: one copy for you, one for the judge and one for the plaintiff.

Gifts given in the timeframe which you two dated, as well as him giving your daughter a pool table, have absolutely no bearing on this situation.

You should be able to recover the cost of the trip but like LA said, probably not the lost wages. And yes, bring 3 copies of everything so that no one is left out of the loop. Some judges will not accept forms or evidence unless there is a copy for each party, including the court.