Published: Sep 22, 2010 12:25 AM EDT
Updated: Sep 21, 2010 9:25 PM EDT

Collier County, Fla. - Governor Crist may testify under oath later this week.  His U.S. Senate campaign is being sued because some republican donors want their money back now that he's running as an independent.

Charles Sues donated $500 to Crist when he was still running as a republican.

"I gave it to him, but I didn't expect to get it back," said Sues.

But, others did and now they're trying to stop Crist's campaign from using the money by forming a class action lawsuit. 

"These claims won't get heard if they're not heard in a class action way and that's why I'm optimistic the court will certify this as a class action," said the Plaintiffs' attorney Tom Grady.

But, Crist's attorney disagrees.     

"What they're trying to do is impose their views on thousands of people and that's wrong," said Scott Weinstein.

On Tuesday, a judge dismissed a motion to put a hold on the funds, but that doesn't mean the Plaintiffs won't try again.  By that time, they hope to have Charlie Crist under oath.

"We really ought to hear from the Governor what he has told us before is its wrong to say one thing and do another," said Grady.

If the suit becomes a class action, Sues tells Wink he's staying out of it, but understands why other people want their money back.