my sister allowed me to put a dell laptop on her credit card. i have been paying her 50.00 for it for 11 months. which is the payment plan. now she is mad at me and wants to stop payment on her credit card for it and wants the computer. i however feel that she should give me the 500 that i paid for it then and i'll gladly give it back to her. who is exactly right.
2007-10-25 09:50:26 · 26 answers · asked by short.lil_momma 3 in Politics & Government ➔ Law & Ethics
i paid with it in a check along with the rent. she is kicking me, my mom and my baby out.
2007-10-25 10:09:18 · update #1
The purchase agreement is a contract even though it was a verbal contract and not a written one.
Do not return the laptop if you wish to keep it. Make your payments as agreed. keep records of the payments you have made in case she takes you to small claims court.
2007-10-25 09:55:53 · answer #1 · answered by davidmi711 7 · 1⤊ 0⤋
Unfortunately, she has the right to the laptop. Once she put the laptop on her credit card, she is legally responsible to pay for it. Therefore, in legal minds, it's her laptop.
Now, wanting to take the laptop away from you is her right. Stopping payment won't do anything but damage her credit.
The other part about you wanting the money you put in, that won't fly in a court.
2007-10-25 17:17:35 · answer #2 · answered by Scott D 5 · 0⤊ 0⤋
You can't "stop payment" on a credit card 11 months after the fact. Tell her to call Judge Judy if she has a problem with you...you can both make out on the deal.
2007-10-25 16:55:33 · answer #3 · answered by Anonymous · 1⤊ 0⤋
I would take it to small claims court. If you go to the store because it is on her card, there is no record that you are paying for it. Same with the credit card company.
Or I would tell her that she can have the laptop if she gives you back the $500 so that you can go and purchase another one without her
2007-10-25 16:54:47 · answer #4 · answered by vas 1 · 1⤊ 0⤋
unless something is in writing, she might get stuck.. it is her credit card and SHE is responsible for payment..you do not have to give up computer... it is yours and she is responsible for payment.. company will not accept your pc as payment in full anyway.. if you don't pay and your sister don't pay, HER credit score will go bad.. which could hurt HER in the long run.. Just tell her that you will continue paying for it, if she doesn't want it, just put money away, until she wants it, and i bet she eventually does.. good luck
2007-10-25 16:57:18 · answer #5 · answered by Anonymous · 1⤊ 0⤋
I only hope you have proof of payments to her (receipts, canceled checks).
If she stops payment on it, then it will give her a negative credit report and affect her credit.
Tell her to settle, give you back your money, turn over computer to her.
If she does not do this, then hey, she's the one who's going to screw up her credit.
Best case, just pay her the balance as agreed upon, then you can keep it and she won't ruin her credit.
2007-10-25 17:05:41 · answer #6 · answered by Sgt Big Red 7 · 0⤊ 0⤋
Tell her the minute she tries this you'll contact her credit card company and explain the situation so that they can file felony fraud charges against her.
Then let her sue you. She has every right to sue for full payment but if you have been making payments you have a valid agreement and the court is not going to rewrite that agreement, only enforce it.
2007-10-25 17:35:34 · answer #7 · answered by hexeliebe 6 · 0⤊ 1⤋
Unless there is something in writing it's a "he said she said" or verbal agreement. You have the right to keep the computer and make payments unless you have been late or missed a payment then you are in breach of contract.
2007-10-25 16:56:39 · answer #8 · answered by Anonymous · 1⤊ 0⤋
When you buy the laptop, you personalize it did you?? if you did not, then how did you give her the payments (if you gave her in cash you can't prove you're paying for it) but if you paid her with a check or money order then you can fight for your rights.
peace out
2007-10-25 16:56:26 · answer #9 · answered by Remy 4 · 1⤊ 0⤋
If you can prove that you gave her the 50 for 11months you have a right to get that money back.
The problem is, in court it is not what you know it is what you can prove. It will come down to your word against hers. Do you have paperwork that shows you gave her the money, something showing that the money was in exchange for the laptop.
2007-10-25 16:55:51 · answer #10 · answered by The Teacher 6 · 1⤊ 0⤋