If I wrote a check to someone and bought them a plane ticket. Should I file a small claim to get my money back?
Country relating to Question: United States
State (if USA): Pennsylvania
Nothing. I'm looking for information.
Hello, I will be happy to assist you with your question. Please note that I cannot provide legal advice – I can only give you information concerning the legal issues raised by your question. I DO NOT receive credit for my work until you rate my answer as OK service” or higher. Please DO NOT RATE MY ANSWER as "Bad service" or "Poor service" (or the 2 stars on the left if you see stars), as such a rating leaves negative feedback for me personally. Instead, if you feel one of those ratings would be appropriate, please reply to me via the REPLY or CONTINUE CONVERSATION button with the issue you have, and I will be happy to continue further and do everything I can to provide you with the service you seek.Your Answer:Was it verbally agreed (or in writing) that they would pay you back and that it was not a gift?If so, small claims court would be a good option. You can claim up to $10,000 and you would just need to satisfy the judge that it was not a gift and that there was an agreement you would be paid back. Here is a pamphlet that may help you get started.http://courts.phila.gov/pdf/brochures/small-claims-court.pdf
If there was no verbal or written agreement that you would be reimbursed, the law presumes that a gift was made, and you would not have any recourse at that point. Thus, it is imperative to your claim that you prove there was no gift and that the agreement was that you would be reimbursed.As noted above, if you need clarification, please do let me know. And, again, I DO NOT receive credit for my work until you rate my answer as “OK service” or higher. Bonuses are always appreciated.If you later open a new question and would like my assistance, please begin the question with “To TMcJD….” This will ensure that only I answer the question. Thanks.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).