I lent $9000 to my ex to get a car. I have the reciept for payment and some history of bank statements proving that she has been making payments...but not all of them. She still owes over $2400. She stopped making payments and changed her number. First...do I have a fighting chance? Secound...do I have to know her where abouts to have her served if I do try to bring her to court?
2007-04-01 15:19:42 · 7 answers · asked by dangerdale666 2 in Family & Relationships ➔ Marriage & Divorce
The types of agreements that are binding
If you said you would deliver something of value and the client agreed to compensate you for that in some way, you have an agreement, whether this took place over the phone, in person, or via an e-mail exchange. For a verbal agreement to be binding, you and the client simply need to agree on two things:
1. The services you will perform
2. What you will receive in exchange
You take her to small claims court, filing is about $70. Find out where she lives and pay $25 to have the sheriff's dept to serve her with papers about the court hearing. Or you can post the date of the hearing in the local paper for three consecutive weeks, that way if she doesn't show up you can show proof that you made the hearing known to her. Also bring all your paperwork about the car and the payments she did make. Make sure you have anyone else who heard her or knew about your verbal contract, make sure they go with you. Get any sworn statements that may be needed.
2007-04-01 15:23:53 · answer #1 · answered by Serinity4u2find 6 · 1⤊ 0⤋
A verbal agreement will hold up in a court of law. The fact that you have a receipt for the car and can prove some payment history puts you in a better position than not having any records. The burden of proof is on you and it will definitely be a case of your word against hers...but the fact that she made some payments will show an "intent to pay", which supports your claim. The judge will definitely wonder if the car was a gift why she made any payments at all.
Ultimately, the judge will rule in favor of who made the best case. So it's important that you are prepared, organized, know your facts, and bring as much evidence as possible with you to support your claim. In my opinion, you stand a good chance of winning and for $2400, it's certainly worth a try.
As for serving her, you do need to know her whereabouts or an address. You could probably go to local authorities for assistance on that.
Good luck.
2007-04-01 22:38:06 · answer #2 · answered by ღ†Rocker Wife†ღ 7 · 0⤊ 0⤋
Well there are two ways of looking at this. If it was just a verbal agreement and nothing was signed and you have no proof that she acknowledged how much she is to pay you back..good luck! Its your word against hers. I took an exbf to court and the ONLY way I won was because I had emails where he acknowledged the money he owed. The burden of proof is on you. Yes you have to know where she lives in order to have her served however if a police officer is going to serve her and she has any ulitilies in her name its simple for them to locate her.
2007-04-01 22:25:09 · answer #3 · answered by texas_angel_wattitude 6 · 1⤊ 0⤋
What you should ask yourself is whether or not 2400 dollars is worth it. Get in touch with her family and ask where she is because she still owes you money. Maybe they know how you can get in touch with her and you can try to get the remainder.
I am surprised she paid as much as she did.
2007-04-01 22:27:17 · answer #4 · answered by mcgrawm7 2 · 0⤊ 0⤋
No, you should have got it in writing. You may be able to take her to small claims court but if she tells the judge you gave it to her or she has already repaid it then it is your word against hers. I learned it the hard way.
2007-04-01 22:29:12 · answer #5 · answered by Krinta 7 · 0⤊ 0⤋
verbal agreements hold up in court, i have saw it so many times on tv court shows, take her on judge judy, would be a good episode
2007-04-01 22:29:04 · answer #6 · answered by Sparky 6 · 0⤊ 0⤋
I would just write it off to experience...Let it go..
2007-04-01 22:49:21 · answer #7 · answered by Anonymous · 0⤊ 0⤋