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Collecting Payment on a Verbal Contract

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Southbound85

Junior Member
What is the name of your state (only U.S. law)? Michigan

I sold a tuba for $6500 in 2005. The buyer asked for, and I agreed to, a payment plan of $3000 down, then two payments of $2000 and $1500. Under our agreement, the final payment would have been 5 months from the down payment. This was agreed upon in April of 2005.

To this day the buyer owes me $1500 (he freely admits this). The buyer simply does not have the money to pay me. I have given him many options to include paying me with a credit card, returning the tuba to me (I offered to "buy" it back for $4000), or giving me property of his as a trade (specifically musical instruments). The buyer was not able to accept any of these options.

I need to resolve this issue. Our contract was verbal, but it is well documented in email exchanges.

What can I do if he does not have any money? I cannot sue for the return of the tuba in small claims court and if I sue him for money he will likely not be able to pay it.

I appreciate any assistance on this matter.What is the name of your state (only U.S. law)?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Michigan

I sold a tuba for $6500 in 2005. The buyer asked for, and I agreed to, a payment plan of $3000 down, then two payments of $2000 and $1500. Under our agreement, the final payment would have been 5 months from the down payment. This was agreed upon in April of 2005.

To this day the buyer owes me $1500 (he freely admits this). The buyer simply does not have the money to pay me. I have given him many options to include paying me with a credit card, returning the tuba to me (I offered to "buy" it back for $4000), or giving me property of his as a trade (specifically musical instruments). The buyer was not able to accept any of these options.

I need to resolve this issue. Our contract was verbal, but it is well documented in email exchanges.

What can I do if he does not have any money? I cannot sue for the return of the tuba in small claims court and if I sue him for money he will likely not be able to pay it.

I appreciate any assistance on this matter.What is the name of your state (only U.S. law)?
Sue the bad guy in small claims court. Judgments last a long time...
 

Southbound85

Junior Member
Who Legally Owns the Property?

I live in Georgia, the buyer lives in Michigan. I'm reluctant to sue in small claims court for $1500 due to the costs I would incur with travel, lodging, missed work, etc... (especially if I were to lose). I don't believe I can claim these costs in my case.

Ideally, I would like to reclaim the tuba. Is this even possible? Who legally owns it at this point? If it is legally mine, I want it back.
 

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