Someone in the military owes my mother money
This is a discussion on Someone in the military owes my mother money within the Small Claims Courts forum, part of the Civil Litigation category; First, thank you for taking the time to read my post and hopefully help out. I understand it is a ...
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|Nov 22nd, 2008, 11:59 PM||#1|
Join Date: Nov 2008
Someone in the military owes my mother money
First, thank you for taking the time to read my post and hopefully help out. I understand it is a little long but I tried my best compact all the facts of the situation. I have used no names to protect the identities of anyone involved. Here is a little key to help you read the timeline better. Boy - sisters ex boyfriend Girl- my sister My mom- my mom His mom - sisters ex boyfriends mom
I need to know how to sue someone in the military. My sister and her ex boyfriend asked my mom if they could borrow her credit card for plane tickets, hotel and food for a week for her to come see him since he could not get any leave time. He verbally stated he would pay back whatever was put on the card because he wanted my sister have a nice birthday but did not have the cash onhand to do it. Below is a timeline of events from start to finish along with charges on my mothers credit card.He is based out of Jacksonville, North carolina but his home is in Jacksonville Florida. It has been almost 3 months now and she has not recived the money.
Money spent on hotel, plane ticket and food - 666.10
Money girl - spent to get back to a hotel when he left her there - 134.13
Total amount - 800.23
Interest - 3.96 for charges 20.99 for cash advance A.P.Y
Total interest per month owed- 2.96 per month on charges 20.89 on cash advances. They pay off charges first. Total - 24.95
Total accrued from Sept 1 to Dec 1 ( 3 months) = 74.85
*please note: I only wrote down when my mother corresponded with the boy by myspace e-mail. I am almost sure she never called him because I told her to talk to him only by something that she could save and show to the courts if something like this happened. *
August 6th- Boy asks my mom if he can use her credit card to buy a plane ticket and a hotel room for my sister to come see him. He is in the Marines and could not get time off to come see her. He stated he would take out a loan to pay my mother back anything they put on the card. My mom obliged.
August 10th - plane tickets were purchased.
August 22- Boy and girl stay in a hotel charges up 666.10
August 29th - girl misses plane ( boy not getting her there on time, had a friend take her) Boy does not pick up his phone and she does not talk to him until she arrives home the next day. She takes out 200 in a cash advance on the CC because terminal closed and she needed a cab to get a to a hotel. She came home with 80 dollars so she spent 134.00 of the cash advance
Around mid Oct- Boy asks for car she has been using back and breaks up with my sister
Around mid oct - she drives car to his dads house in Jacksonville Florida
October 25th - mom e-mails boy about money
October 25 - boy says he sent check and it got returned to him, says he needs her address to send her the money
October 27th - mom sends boy her address
Oct 30th - mom e-mails and asks boy where the check is
Oct 31st boy e-mails and says he is on leave, he will drive the check to her
Nov, 2nd - boy never shows so I sent e-mail asking about money and threatening to sue
Nov7 - boy sends e-mail saying he will sue us if we don’t stop harassing him. Says because of my e-mail he will not pay my mother a penny of what he owes
Nov 8th - his mother calls my mother repeatedly saying she was getting a lawyer to sue us for harassment, about 6 calls that day.
Nov 8th - mother e-mails boy asking him why his mother is calling her over and over again, once again asks boy for the money and gives him two weeks until she sues.
No reply from boy or mother since nov 8th. My sister has stated that he did take out a loan but instead of paying my mother back he used to it fix up his car. However, this is hear say and im sure this is not admissible in court.
My mother should have got it in writing that he would pay her back before any charges were made, however since he has stated in almost all the e-mails to my mom and I that he owes the money or that he was sending the money, does that help our case at all? Especially since his last e-mail stated (quote) “do your research and if you keep trying to get money out of me im going to get a jag officer and stop you from harrasing me dont think big words scare me and now im not ever going to give you any money you should have kept your mouth shut you just screwed over your mom”(end quote)
so now he is clammed up and my mother has not been subpoenaed so I think that they did not sue for harassment. However, could they sue even though my mother and I e-mailed him less than 10 times in a 3 month period?
Since all the talking was done through myspace, is there anyway we can print these messages and use them in court? Unfortunately his default picture is of his chest and not his face but would we be able to use his album to prove that was his account?
Where do we file this case? His hometown of Jacksonville Florida or where he is based in Jacksonville North Carolina?
Also, he is already in trouble with the military because he was involved in a hit and run of another car on base. He was demoted for this. If we sue him, would he get in anymore trouble? We really don’t want to cause anymore trouble from him, especially since he is an Iraq vet, but the interest is killing my mom and she is having a hard time making payments to this credit card.
Lastly, could we go through JAG to help us with this situation since he is on active duty, if not, should we sue him or just talk to his commanding officer and see what happens?
Thank you all very much for your input
Last edited by ambermcc1987; Nov 23rd, 2008 at 01:34 AM. Reason: ease of reading
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|Nov 23rd, 2008, 10:38 AM||#2|
Join Date: Mar 2008
Re: Someone in the military owes my mother money
You can sue them but the case may not actually proceed until they return.
All statutes of limitations etc. would be tolled while that delay occurs.
|Feb 24th, 2012, 12:47 PM||#3|
Re: Someone in the military owes my mother money
I am going to try to answer most of your questions and I wish you Luck. It is too bad what has happened to your Mom and this Marines actions are definately not reflective of the Marine Coprs Values.
First of all, you could send a letter to his Command but they can not legally make him pay your mom back. The most they would do is encourage him to communicate with your mom and resolve it. How involved they are with that would depend on them.
So, the same thing with JAG, all they would due would be either return the letter with you and advice it you to take it to small claims, or forward it to his command and let them handle it.
With, that being said, he cannot get in trouble over tis debt either. However, The services do look down upon financial irresponsibility and it may change how the view him. I doubt this is a problem though considering his other trouble. Even so, that should be the last of your worries. Being a service memer and/or a war veteran does not give you a free pass to do or behave how ever you want. It actually obligates you to hold yorself to a higher standard because of what you represent. He betrayed what ever respect you owed him for his service for how he is treating your mother. Your mother should do what it takes to get her money back.
I am not sure about what court to do it in, I would start with your local court and they could probably tell you.
Dont worry about how long it it has been. The Service Members Civil Relief Act makes time on active duty not applicable to statute of limitations.
And lastly, do not let him hide behind his service in allowing you to pursue this matter in court. Some service members will try this because that act does provide certain rights and protections about court appearances. If he is going to use his service as the reason for him to be unable to appear in court, he must provide a letter from his Commanding Officer stating why he can not appear and when he would be able to.
I hope this helps and once again good luck.
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