Legal Question in Civil Litigation in Illinois
Being Sued Over Breaking an Engagement, for $5,000. Legitimate cliam or not?
i brok up with my fiancee approx. 2 1/2 months ago. i am a legal resident of FL but go to school in illinois, she is a legal resident of VA but has claimed residency in Il at her mother's house and is suing me in small claims court. does this court have jurisidction? her terms of prosecution are ''breach of quasi-contract of marriage, loss of expenditures in prep of wedding... loss of reputation and mental anguish''. i had made an offer in breaking up with her to contact me if any money was needed, she hadn't, and subsequently sent me a letter of intent to sue and now i have a court summons. what can i argue? moreover she demands her engagement ring back and my wedding band, both of which i have. moreover, there is no written agreement of marriage, only a proposal. also, her family never undertook a considerable amount of financial responsibility for the wedding. all in all, i contributed the vast majority of money to it, however she put in more time. regarding her reputation, i have said nothing ill of her.
1 Answer from Attorneys
Re: Being Sued Over Breaking an Engagement, for $5,000. Legitimate cliam or not?
I'm am sorry to hear of your breakup and subsequent problems with your former fiance.
As to the jurisdicational issue, I'm also sorry to say that the Illinois court would have personal jurisdiction over you -- as a student benefitting from a school located in Illinois.
Regarding defense of your lawsuit, if your former fiance possessed the engagement ring, you probably could not get it back. However, since you possess it, I'm not sure whether she is entitled to it. The other issues for which she is claiming damage would take some legal research to know her entitlement. You might want to try some of your own by checking out Findlaw.com, for example.
Good luck.
-- Kenneth J. Ashman; [email protected]; www.lawyers.com/alo
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