How do you know the right amount to Sue for

amberstewart

New Member
Jurisdiction
Maryland
I planned a trip for me and four friends. One of my friends was having money problems so i told her i will pay her part and she was to pay me back. the total was 1063.13. her farther died and a month later lost her job. so i told her just to give me 500. the agreement was she paid 100 1st of every month starting in April. by May she didn't pay back any money. so now im stuck with a 813.13 credit because the trip was non-returnable. 250 cancellation fee. and had to pay additional 124.44 for the trip per person because when the trip was booked it was based on 4 people. so i do sue for the 1063.13 plus the 250 cancellation fee plus the 124.44 charge we had to pay extra. or do i sue for the 500 plus the 250 cancellation fee. Im cu-fussed with this part please help. Thank you
 
If she doesn't have the money you are essentially wasting your time (and more money) suing her. Even with an order from the court to pay you, she can't give you what she does not have. Before proceeding with any court action you should determine her assets and have a plan to collect whatever the court might award.
If she is a broke deadbeat you will likely never see a dime regardless of a court order.
 
I planned a trip for me and four friends. One of my friends was having money problems so i told her i will pay her part and she was to pay me back. the total was 1063.13.

So you loaned her $1,063.13 and she was to pay you back at some unspecified time.

her farther died and a month later lost her job. so i told her just to give me 500. the agreement was she paid 100 1st of every month starting in April.

It's not particularly clear, but this sounds like an agreement on your part to accept only $500, and not the full amount loaned, to be paid back at the rate of $100 per month. This agreement appears to be unsupported by consideration.

so now im stuck with a 813.13 credit because the trip was non-returnable. 250 cancellation fee. and had to pay additional 124.44 for the trip per person because when the trip was booked it was based on 4 people

I don't follow this at all. The first part seems to indicate that you cancelled the trip for your friend and received a $813.13 credit ($1,063.13 less a $250 cancellation fee). The second part seems to indicate that the trip ended up costing more for the other three people because of the cancellation. Is that what you're saying? Why did you have to pay for the other two persons' increased cost?

so i do sue for the 1063.13 plus the 250 cancellation fee plus the 124.44 charge we had to pay extra. or do i sue for the 500 plus the 250 cancellation fee.

If I understand the situation correctly, your damages are $250 (the cancellation fee) plus $124.44 for the increased cost of your trip resulting from the cancellation. You don't get to sue for the value of the credit because that's something of value that you received. You don't have standing for the increased costs for the other persons in the group.
 
You had a verbal agreement that you would accept $500 and she paid you $400. In my opinion you only have the right to $400.00. It could be argued that the credit is of no value to you if have no intentions of taking another trip where you could use the credit. However the main thing is, you are most likely wasting your time taking her to small claims. As mightymoose pointed out, if she has no job, no money, a win in small claims will get you nothing. There is nothing to get. This was a big mistake on your part. The girl was already having money problems but wanted to go on a $1000 vacation. Red flag. Lesson learned.
 
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