Can I take someone to court for not fulfilling written contract?

[chejo3]

What is the name of your state (only U.S. law)? CA

I rent an apartment that does not allow subleasing but when a friend told me he didn't have a place to stay, I let him stay with in my apartment while he found a new home for $600 per month for rent and utilities. He did not pay me at the end of September. I finally told him to leave mid-October because he wasn't paying. He planned to move back home in Maryland with his family.

He also took some mail for me to deliver and lost a $500 money order. He said it was stolen. I think he took it to pay debt. Nonetheless, he said he would take responsibility for it.

He also ate my food without replacing it.

Before he left, I wrote out a contract that detailed a payment plan in order for him to pay me back approximately $1400. My girlfriend, my friend, and I all signed the contract. The contract detailed the amount of the monthly payment and the need to leave collateral behind, in case payments were not made. In the past 3 months, he has sent one payment. His collateral (watches) are fake and not worth any money.

Can I take this "friend" to court in order to receive the money he owes me?

 

[Zigner]

What is the name of your state (only U.S. law)? CA

I rent an apartment that does not allow subleasing but when a friend told me he didn't have a place to stay, I let him stay with in my apartment while he found a new home for $600 per month for rent and utilities. He did not pay me at the end of September. I finally told him to leave mid-October because he wasn't paying. He planned to move back home in Maryland with his family.

He also took some mail for me to deliver and lost a $500 money order. He said it was stolen. I think he took it to pay debt. Nonetheless, he said he would take responsibility for it.

He also ate my food without replacing it.

Before he left, I wrote out a contract that detailed a payment plan in order for him to pay me back approximately $1400. My girlfriend, my friend, and I all signed the contract. The contract detailed the amount of the monthly payment and the need to leave collateral behind, in case payments were not made. In the past 3 months, he has sent one payment. His collateral (watches) are fake and not worth any money.

Can I take this "friend" to court in order to receive the money he owes me?

Yes, you can take him to court. But, getting a judgement and collecting on it are two different things. How would you plan to collect?

 

[tranquility]

I don't think you HAVE a "written" contract. At the writing, signed by everyone, nothing changed. No one gave up anything. I don't think there is consideration there, hence, no written contract.

That does not mean the writing is worthless. You will claim it is a memorization of your prior, verbal, contract allowing your friend to stay there. Friend will say he signed it because you were being crazy and making accusations and he just wanted out.

I don't know if the verbal contract will fly as it seems you rather made things up as you went along, but it is the only realistic way for you to win.

 

[Mass_Shyster]

That does not mean the writing is worthless. You will claim it is a memorization of your prior, verbal, contract allowing your friend to stay there. Friend will say he signed it because you were being crazy and making accusations and he just wanted out.

It may be a promissory note.

 

[tranquility]

It may be a promissory note.

It may certainly be possible the writing rises to the level of a negotiable instrument. I suspect a court will find it is NOT a note.

WHO was it payable to? A person or on demand? The code:

3104. (a) Except as provided in subdivisions (c) and (d),
"negotiable instrument" means an unconditional promise or order to
pay a fixed amount of money, with or without interest or other
charges described in the promise or order, if it is all of the
following:
(1) Is payable to bearer or to order at the time it is issued or
first comes into possession of a holder.

This element will be hard for the OP to prove.

(2) Is payable on demand or at a definite time.

I bet this one can be proven.

(3) Does not state any other undertaking or instruction by the
person promising or ordering payment to do any act in addition to the
payment of money, but the promise or order may contain (i) an
undertaking or power to give, maintain, or protect collateral to
secure payment, (ii) an authorization or power to the holder to
confess judgment or realize on or dispose of collateral, or (iii) a
waiver of the benefit of any law intended for the advantage or
protection of an obligor.

If the entirety of the contract was as the OP said, I don't think this element fails. If anything else was added to it, there could be a problem.

 

[chejo3]

This is the agreement we both signed.

I, F--- A---- agree to the charges below. It is the agreement between J--- C------ and F--- A---- to pay the amount of $1426 in full within six months. Personal checks will not be accepted; a money order will be the only accepted form of payment. A money order of $238 will be sent through the mail each month with the corresponding month written clearly on the money order. First payment is expected November 15, 2011 and on the 15th of each following month; December - April, 2012. The amount will be paid in full by no later than April 31st, 2012. If payments are made prior to the assigned month, an additional money order of $238 will be sent with the corresponding month written on the money order. Every payment requires the corresponding month written on the money order.

Collateral will be collected in order to ensure full payment by the due date of April 31, 2012. Collateral will not be sold prior to the agreed upon due date of April 31, 2012. Failure to pay amount in full by the due date will result in collateral being sold to compensate for failure of making payments. Furthermore, if two payments are not made, this agreement is broken and the collateral will then be sold to compensate for failure of payments. If collateral is sold, a certified letter will be mailed to notify F--- A--- that the agreement has been broken due to nonpayment and collateral will be sold. Once the full amount is paid, by April 31, 2012 or prior to the due date, collateral will be returned in full.

September Rent - $470 (Remaining balance)
PG&E - $20 (October)
Comcast - $36 (October)
Cecil - $500 (Stolen Money Order)
Room/Walls - $100 (Damaged walls)
Groceries - $300 (Food that was eaten)
______________________
Total - $1426
/ 6 months = $238 per month

_________________________________ ________________________________
J---- C---- F--- A---

____________________________________
C---- B---- (Witness)

Would this hold up in court?

 

[Antigone*]

This is the agreement we both signed.

I, F--- A---- agree to the charges below. It is the agreement between J--- C------ and F--- A---- to pay the amount of $1426 in full within six months. Personal checks will not be accepted; a money order will be the only accepted form of payment. A money order of $238 will be sent through the mail each month with the corresponding month written clearly on the money order. First payment is expected November 15, 2011 and on the 15th of each following month; December - April, 2012. The amount will be paid in full by no later than April 31st, 2012. If payments are made prior to the assigned month, an additional money order of $238 will be sent with the corresponding month written on the money order. Every payment requires the corresponding month written on the money order.

Collateral will be collected in order to ensure full payment by the due date of April 31, 2012. Collateral will not be sold prior to the agreed upon due date of April 31, 2012. Failure to pay amount in full by the due date will result in collateral being sold to compensate for failure of making payments. Furthermore, if two payments are not made, this agreement is broken and the collateral will then be sold to compensate for failure of payments. If collateral is sold, a certified letter will be mailed to notify F--- A--- that the agreement has been broken due to nonpayment and collateral will be sold. Once the full amount is paid, by April 31, 2012 or prior to the due date, collateral will be returned in full.

September Rent - $470 (Remaining balance)
PG&E - $20 (October)
Comcast - $36 (October)
Cecil - $500 (Stolen Money Order)
Room/Walls - $100 (Damaged walls)
Groceries - $300 (Food that was eaten)
______________________
Total - $1426
/ 6 months = $238 per month

_________________________________ ________________________________
J---- C---- F--- A---

____________________________________
C---- B---- (Witness)

Would this hold up in court?

If your lease does not allow you to sublet the unit, you should not be compensated for the rent portion of your claim.

 

[Zigner]

If your lease does not allow you to sublet the unit, you should not be compensated for the rent portion of your claim.

That would be a matter between the OP and HIS landlord.

 

[Antigone*]

That would be a matter between the OP and HIS landlord.

The court cannot enforce and agreement that is illegal; hence the court will not enforce the rent. I've seen it happen. Remember that clean hands doctrine thing. . The court cannot enforce and agreement that is illegal.

 

[tranquility]

It would not be a clean hands issue as the suit would be at law and not at equity.

But, with the additional, it is clear it is not a note. I don't believe it a contract either. I stand by my original post.

 

[Zigner]

The court cannot enforce and agreement that is illegal; hence the court will not enforce the rent. I've seen it happen. Remember that clean hands doctrine thing. . The court cannot enforce and agreement that is illegal.

The agreement is not illegal.

 

[chejo3]

Okay. Thank you.