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Interstate Small Claims Issue with nephew's former girlfriend:My nephew in New York State dated a girl for a while last year while he was still in college. The girl moved to Florida to attend law school and spent either her money or her parents money flying my nephew down to Florida to visit her. Things didn't work out, my nephew had trouble getting her to understand that they had no future and that they're relationship was over. She apparently claimed that she would kill herself so my nephew went down to Florida one more time at the request of her parents to break things off in person. The girlfriend's parents paid for this trip that took place May or June of 2011. Recently, my nephew received a couple emails stating that this former girlfriend would take him to small claims court in Florida unless he began to pay her $100 a month over 10 months for the following: The girlfriend's flight to NY to see visit my nephew: $250Hotel the girlfriend's parents paid for during that trip to NY: $250Last time my nephew flew out to Florida for which he may have offered to pay her back for: $200The vase my nephew broke during his visit to Florida: $150 Pain and suffering: $150Total: $1,000Any chance that the girlfriend will prevail in small claims court? Is this worth settling or fighting in court or should my nephew just ignore it?
Optional Information: State/Country relating to Question: Florida Already Tried: nothing
Hello and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow ups and my replies because I am typing out my answer, or taking a quick break.I do not see why she is suing him. You see, to sue someone you need a cause of action (called Tort). Torts such as negligence, Breach of Contract, intentional infliction of emotional distress, false imprisonment, breach of fiduciary duty, etc, exist. Nothing exists for what she is claiming. Everything was done in voluntarily. No promises for repayment were made. So her claim is likely to fail.However, do not ignore it if she actually files, and you would have to defend yourself. However, she can be counter-sued for "Abuse of Process" if she actually files this claim, which is frivolous. Abuse of process is defined as "willful or intentional misuse of process; a willful and intentional misuse of it for some wrongful and unlawful object, or ulterior purpose not intended by the law to effect." Cline v. Flagler Sales Corp., 207 So. 2d 709 - Fla: Dist. Court of Appeals, 3rd Dist. 1968.Furthermore, Punitive Damages can be requested in the counter-suit for her malice. Winn & Lovett Grocery Co. v. Archer, 171 So.2d 214, 221 (Fla. 1936); Perdue Farms Inc. v. Hook, 777 So.2d 1047 (Fla.App. 2 Dist. 2001)..A certified letter to her from him stating all this may do the trick here and have her nip this in the bud.I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you need more information, please use the REPLY button and I’d be more than happy to answer to your satisfaction. There is no fee for follow up questions before or after accepting, if we continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated. You can always link to my profile for another question at a later time:http://www.justanswer.com/law/expert-elyJD/
Just a quick clarification. At some point, my nephew said via text messages that he would pay her back for one of the trips and for the broken vase. If he said it Before she spent the money for the trip, would he be liable for the cost of the trip? Of course, at the time my nephew did not have any income so he had no way of paying her back. Thanks!
Ah, this changes matters. In that case, he is technically responsible for that one trip (because no amount was specifically stated, then it's be the reasonable value of the trip which can be less than the actual amount) and the broken vase. A text message is extrinsic evidence of a verbal unilateral agreement, which may be binding. However, he is not liable for anything else.I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you need more information, please use the REPLY button and I’d be more than happy to answer to your satisfaction. There is no fee for follow up questions before or after accepting, if we continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated. You can always link to my profile for another question at a later time:http://www.justanswer.com/law/expert-elyJD/
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Will the Florida court have jurisdiction over my nephew who is a New York State resident and has no other connection to Florida aside from this one incident?
Yes.This is called long arm jurisdiction. Under Fla. Stat. § 48.193, any individual who breaches a contract, injures, or otherwise executes a torturous action in the state may be cited as Defendant.Every state has a long arm jurisdiction clause.I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you need more information, please use the REPLY button and I’d be more than happy to answer to your satisfaction. There is no fee for follow up questions before or after accepting, if we continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated. You can always link to my profile for another question at a later time:http://www.justanswer.com/law/expert-elyJD/