Tallahassee, FL asked in Civil Litigation for Florida

Q: Can I take an individual to small claims court if they agreed via text message to pay for a concert ticket

I took an individual to a concert and paid for a ticket for them, offering to pay for this ticket. This person verbally agreed to pay me back, and was unaware of the ticket price when being bought. A week later we ended things between us and I demanded the payment back, to which over text message the person agreed to twice. I have reached out several times and this individual is refusing to provide any payment. Is this a case I can submit to small claims court? I have proof of purchase as well as both text messages stating the individual would pay me back.

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1 Lawyer Answer

A: You'd have a valid claim if "offering to pay for this ticket" means that from the git-go, it was an agreement for you to obtain the ticket on the condition he/she pay you back for it. If "offering to pay for this ticket" means making a gift of the ticket, you would not have a valid claim, even if he/she decided to pay you back as a favor and promised to do so. In the latter scenario, such a promise would not be enforceable because the moment a gift is conveyed, end of story.

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