What can I include in my claim? HELP!

[KHanamura]

In May 2009, I had let my ex boyfriend borrow $2, 201.60. I had helped him pay for a car repair bill, promotional posters, gas, and a roundtrip plan ticket from Oakland, CA to New York City, NY. He had originally promised to pay me back double the amount of the plane ticket, thats why I let him borrow the money. He had promised to pay me back within 2 weeks. I told him it was urgent that I needed the money back asap because I had bills to pay for, and I had to pay for school by the end of the month (I'm 19 years old majoring in Criminal Justice, and he's 34 years old). A month and a half went by, and he did not pay me back even though I had asked him on multiple occasions. As a result of this, my credit card bills (6 of them) got late fees and over the limit fees, I had to drop my classes because I couldn't pay for them, my car got more messed up because I didnt have money to pay my deductible from a car accident that I had JUST gotten into when I had let him borrow the money, (the cat converter is messed up, but I have no choice and I STILL have to drive my car daily), my car insurance policy was terminated because I couldn't make payments for the last 2 months, my phone bill got cut off, I was sent to collections 3 times by 3 different companies, and before I had let him borrow the money, I had NO problems meeting any of my financial needs. I had let him borrow every dime I had left thinking he was going to pay me back within 2 weeks like he promised, and he didn't. I've been so stressed about because bill collecters and collections are calling my house phone 8 times a day. So I found out who his parole officer was, made a visit to him, and explained to him the situation his parolee had put me in. His parole officer called him and told him he had one week to pay me back, or he was going to go back to prison for one year for a parole violation because a citizen(me) had made a complaint about him. My ex called me and we met up, and made another agreement, that if I called it off with his parole officer, and to not take him to court, he'll pay me back double of what he originally owes me within a month when the record label he contracts with pays him. He said the record company was going to pay him $40,000 in one month (he's a rapper from the Bay Area). It's been exactly one month, and he still had not paid me back, so I am going to take him to small claims court.

My question is, how much can I include in my claim? I know 2,021.60 for sure, but can I include (double the amount) that he had promised to pay me if I waited another month, as well as double the amount of the plane ticket that he promised and called it off with his parole officer and waited on taking him to court? And also, I want to sue for emotional distress because of the stress and hardship that he put me in with my finances (I wasn't having problems before), and I'm not sure how much would be a reasonable amount. Can somebody help me? I went to the small claims self-help center, and they weren't help at all! They told me to go to the library and read some books, which I did, and they didn't answer my exact questions. PLEASE HELP! Responses would be greatly appreciated. Email: k_hanamura07@yahoo.com

 

[dee_dub]

I know 2,021.60 for sure, but can I include (double the amount) that he had promised to pay me if I waited another month, as well as double the amount of the plane ticket that he promised and called it off with his parole officer and waited on taking him to court?

Yes to both. He agreed to repay you those amounts, and he didn't. This sounds like pretty straightforward breach of contract.

And also, I want to sue for emotional distress because of the stress and hardship that he put me in with my finances

You can try, but I don't know how likely you are to succeed. These are tort claims, and would require you to prove he breached some duty of care he owed you, thereby causing your distress. Frankly I think it's unlikely to succeed.

In hindsight, the only action you've gotten from this guy has been by complaining to his parole officer. (The fact that he has a parole officer in the first place is never a good sign when loaning money.) It didn't get you the money, but it at least got his attention. I'd talk to the parole officer again and see if he can turn the heat on again. This might be a lot easier than going to small claims court.

 

[KHanamura]

Yes to both. He agreed to repay you those amounts, and he didn't. This sounds like pretty straightforward breach of contract.



You can try, but I don't know how likely you are to succeed. These are tort claims, and would require you to prove he breached some duty of care he owed you, thereby causing your distress. Frankly I think it's unlikely to succeed.

In hindsight, the only action you've gotten from this guy has been by complaining to his parole officer. (The fact that he has a parole officer in the first place is never a good sign when loaning money.) It didn't get you the money, but it at least got his attention. I'd talk to the parole officer again and see if he can turn the heat on again. This might be a lot easier than going to small claims court.

Thanks for the info! I'm calculating the total of my claim right now. Also, one more question! Do I include the cost of court fees as well? I'm located in the San Francisco Bay Area in California.

 

[dee_dub]

I don't know whether those can be claimed in your jurisdiction. Where I am, they are automatically added by court staff. I suggest you talk to the court clerk.

 

[BayState]

but can I include (double the amount) that he had promised to pay me if I waited another month, as well as double the amount of the plane ticket that he promised

I highly doubt that a judge will award you double the amount as this seems to be usurious.

 

[KHanamura]

But that was the oral agreement we had made so that I would give him one more month to pay me back.... I'm confused. I'm going to the courthouse tomorrow afternoon after I get off work, even if I do sue for double the amount, and the judge does not grant that.. I will still get my original amount right? Considering the idea that I do win the trial.

 

[BayState]

But that was the oral agreement we had made so that I would give him one more month to pay me back.... I'm confused. I'm going to the courthouse tomorrow afternoon after I get off work, even if I do sue for double the amount, and the judge does not grant that.. I will still get my original amount right? Considering the idea that I do win the trial.

I would suggest you talk to a local attorney regarding this loan. Seriously.