Classify as Verbal contract?

[lockeandkey]

Hey folks,

Back in March, a friend of mine asked me if I wanted to go on a trip with him, where a group of us would be renting a house for the week. I agreed to going that day but the next day I changed my mind and said I didn't want to go due to the cost and the cost of missing work for that week. However, since we were friends and I was being too nice for my own good, I said I would still cover the cost (with no time limit specified).

However, we have had a falling out and had not spoken for about a month. Recently he has e-mailed me wanting the money for the trip. I have refused, saying that my agreement to pay for a trip that I did not go on was essentially an act of friendship, and if there is no friendship than there is no agreement. As a result, he now claims to want to try and take this to small claims court (We reside in Florida).

I imagine my basis for not wanting to repay would not have much weight in the eyes of any mediation, but his claim seems to be weakened as well. The verbal contract seems to be as strong to me as someone betting another person "a million dollars."

I have evaluated the laws for small claims procedures in my state and understand what the next steps will be. I imagine I am wrong and that there is little I can do other than accept this, but any advice would be appreciated.

Thank you

 

[lockeandkey]

Something else I feel I should mention (which admittedly weakens my position more) is that I have already paid a portion of the costs of the trip. Initially the total owed was $180, but I have already paid him $50 towards the debt.

 

[seniorjudge]

Well, you are dense but I don't think any judge is going to force you to pay something so stupid.

By the way, you need to have a serious talk with yourself.

Don't commit to spending your money unless you really know what you are doing.

 

[lockeandkey]

I guess I am dense for putting myself in that situation, but I certainly did not foresee this happening -- I guess no one ever does though.

I have to admit further, that in my anxiousness to get advice here, I left out the fact that in our e-mails I more or less conceded that I owed him money while trying to re-establish lines of friendship. Then when he continued to just demand money, I rebutted saying I would not pay him. He has stated he included "all the emails exchanged between us in the filing affidavit."

I suppose my best interest at this point would just to concede and offer to pay him at some point.

 

[seniorjudge]

...

I suppose my best interest at this point would just to concede and offer to pay him at some point.

....

You don't learn very quickly, do you?

What you do NOW is write another e-mail, tell him you finally realized that he has been scamming you and that you DEMAND $(whatever you paid him) PLUS $[(3)*(whatever you paid him)] for punitive damages.

Then, if he answers you, stand firm and tell him you will see him in court and that the judge will come down on him hard when the judge finds out what kind of con artist he is, blah, blah, blah.

Got the picture?:angel

 

[lockeandkey]

Sorry, I'm just kind of scared about the whole thing. I make very little money and that's a big amount. I suppose I can't let him push me around. I'll respond shortly.

 

[lockeandkey]

Also... isn't "punitive" relative to the plaintiff getting something from the defendant? How would what I be demanding be punitive or am I just bluffing?