Legal Question in Civil Litigation in Florida

I recently lost my mother after a long illness. After her death her boyfriend left and moved back to the bradenton area where They also had a home. I then took care of the place in indiana until it sold. Then at this time he helped me to afford to move to Florida to a job that I was offered since I had done so much at the house and sent me a 500.00 check for expenses while I was taking care of their home. I recently cashed that check due to expenses that had to be paid since I had not yet done so. We also had a family plan on all our phones which included my moms phone (in his name). Which he is saying that he is now going to hire an attorney because I moved my phone off the plan and refuse to pay the full bill including for his phone that he is in possession of. His help was what I thought to be a gift for all that I had done and the check he sent me for the expenses that I paid for out of my pocket of running back and forth and maintaining lawn service and all at his and moms place in indiana. Now I receive threats of legal action as if he is trying to intimidate me into paying charges for accounts in his name. What if anything can this man do. How can I get him to stop this and put an end to all of this. He has sent messages, text, facebook post saying that we are all thieves, low lives, and we are trying to ruin him. Help!!


Asked on 8/29/12, 9:47 am

1 Answer from Attorneys
John DeLancett Law Offices of John DeLancett, PL.

If the accounts are in his name and his phone is on it, it would seem to be difficult to claim you are liable absent an agreement by you to be liable for the phones. The $500 was for expenses. Does it say so? Did you make a copy? That will probably be a swearing contest between the two of you in any legal proceeding. Do you have enmails, faxes, letters saying what the payment was for? The move to Florida, did he give you money for that move? Did he say whether he expected to be repaid or that was a loan? Why did you wait to cash the $500? Finally, all that can be done until he acts is hire an attorney to write him a letter setting out your position and any proof you have to support it. Otherwise, wait and see if he actually sues you. How much is involved altogether? That may determine whether he sues you. If you are sued, contact an attorney immediately.

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Answered on 8/29/12, 11:49 am


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