My fiancee's great grandmother offered to pay his car off. The only thing that she said before she paid the car off was that he would have to pay her back. We said ok! She paid the car off, and after, she said how much (300) a month, until she got her 10k back. Well. We have been having financial problems but yet she won't let us make it up next month or just pay a little less. Now she is threatening court. Could she actually win? There was nothing written on paper. Just a verbal agreement before she paid the car off that we would pay her back.
2007-08-18 13:21:00 · 5 answers · asked by be_my_gumby 1 in Politics & Government ➔ Law & Ethics
She can definitely take you to court. However, her case will not be great without evidence. What is a pure shame though, is that his great-grandmother tried to help him out, without getting anything in return, and was made to regret it. Ruining a resource like that is just a waste.
2007-08-18 14:51:58 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Well, there was an offer: the grandmother said she would pay the car off. There was acceptance: because you agreed to make payments. There is consideration: money involved. Those are the three elements to make an enforceable contract so if she can prove those elements in any way, she could definitely take you to court. Not all contracts need to be in writing... unless it's real estate property. i.e. statute of frauds matters like coragryph stated.
2007-08-18 20:31:59 · answer #2 · answered by Eisbär 7 · 0⤊ 0⤋
Yes, she can take it to court. A verbal agreeemnt is binding.
However, he's the tricky bit. All states have something called the "statute of frauds" which determines what contracts need to be in writing and which ones can be just verbal.
While the details vary, one common example of a contract that must be in writing is one that cannot be completed in one year. At 300 per month, it would take just over 33 months to pay off the entire debt. Thus, to be enforceable, that contract would need to be in writing.
The specific laws vary by state. Check your local listings.
2007-08-18 20:27:34 · answer #3 · answered by coragryph 7 · 2⤊ 0⤋
you entered into a contract, even if it was a verbal contract it is still a valid contract.
your not going to receive favorable treatment from many courts failing to repay a loan from an old grandmother..
2007-08-18 20:30:42 · answer #4 · answered by Jan Luv 7 · 1⤊ 0⤋
If the judge wants to be an asshole and take her side than I say yes but if the judge wants to be fair and this is also in my own opinion, a verbal agreement is usually legal but that's if you don't deny it, If you say that did not happen, it's her word against yours. Deny it.
2007-08-18 20:32:03 · answer #5 · answered by youngpoet_33 2 · 0⤊ 2⤋