My question involves court procedures for the state of: IL, NY
This sounds extremely weird and before anyone bashes please understand that I am talking about something that involves a dear friend of mine with a spectrum of Autism. It might have been pretty dumb for him to do that but he's really a good guy and I want to help him.
So what happened, my friend gave this girl a lot of money around $17,000 over a period of time, this amount was confirmed by her several times. He did this because she needed a lot of help and he thought she was a good person. But eventually something happened and he got really mad at her because he felt that she lied about something. They came to an agreement that he will keep helping her financially and in turn she will be a better friend, keep him happy (as defined by him), that she would not ignore him, that if she ever lies about anything or skews things (as defined by him) she forfeits all the gifts and has to return him all the money he's given to her and if for any reason that he is unhappy with how she is treating him, he can tell her to return all the money and she would have to. She agreed to all this several times and providing her name and bank account # at times with it.
All the correspondence happened through text messages over several months so essentially it is from her. Yes they met in person and hung out as well. After some time he stops helping her, after a while he starts again. She asks the question if the money is a gift, he says yes. They agreed to this before. They don't repeat of any the same clauses and she says that the money he gives her isn't a loan.
Well recently she asked him to pay off a bill of hers and immediately after he done that, she disappears with someone saying she is busy studying for some exam. Basically all the sudden she starts to ignore him and cannot send him any correspondence whatsoever because she is busy. So I told him that I think it is time to sue her back for the money.
Several things: He did contact her family and her friends but he done so before and he did that because he got extremely stressed out. But she wrote forgiving him essentially. She claims she is threatened because he said he will sue her for the money (something they spoke about the agreement way early on agreeing that if she won't return the money he can sue her and she will pay all legal costs). Her friends claimed he harassed her but never gave any specifics whatsoever, he does have a tendency to send out a lot of email or texts or whatever in a short period of time but this wasn't something she ever had a problem with and he done it a lot of times with no complaints from her.
All the communication regarding the agreement happened through text messages which he has all of them. He had them written in almost same way you would read on a contract:
"That you [girl's name] agree that the money I [my friend's name] is a gift and will remain as a gift within the set following conditions [list of conditions I wrote out earlier] and that no other agreement can ever break this one or supersede it."
He has caught her lying several times but as per the agreement he can choose to continue to help her but if he feels that her treatment of him isn't good he can use the lies she told as a reason to get the money back. Both of them are 21, the agreement was made in NY but they said it would apply anywhere in the US.
So my question is does my friend have a case? Do I need to post the actual language of the agreement?
If not what could have the text messages have said in order for it to be a stronger case?
sorry if this isn't the right place to post this.