S
summerhill
Guest
What is the name of your state? Utah.
Ok, for a quick (I'll try anyway) background... My boyfriend's mother sued him last Jan. for over $1700.. Most, if not all of this, was money she did, in fact, pay for him...even though he told her he could not pay her back, and never signed a contract or agreed verbally to pay it back. He told her not to do this, she insisted. It also turned out that several of the checks she gave him, or to other people on his behalf, were written on a closed account. Anyway, we went to court and, even without a shred of evidence, she won. ...The judge totally disregarded my testimony, which she asked for, when I said she did not give him a loan for a car. He said that since I was still his girlfriend our finances MUST be intertwined. No, he did not have any reason to say that... It upset me, obviously. Also, I may add, that the judge knew her and addressed her in a personal way. Should this have even been in his courtroom?
My main question is this: My boyfriend received a letter from her on Thursday, threatening to take him back to court to garnish his wages if he didn't "make other arrangements" by the next Monday. He had sent her a total of $200 by then. He sent a certified letter proposing a minimum payment of $50 per month, every month until it's paid in full. He also sent two copies of a contract stating this agreement, and stipulated that she not contact him once payment was made in full (he did not sign these.)
Today he got a letter from her, a photocopy of the contract and letter that he sent her (she filled out the contract they way she wanted it to read and photocopied it to send to him)...she said she would not accept less than $100 a month, unless he could prove he couldn't send more. She threatened to take him to court again by Sept.2 if he didn't send money by the end of this month. She included a copy of the contract, but in the blank for judgment balance she wrote $100 instead of the more than $1500 it should be. She also wrote she did not accept the no contact part because then if he missed a payment she couldn't contact him--even though this wouldn't go into effect until AFTER it was paid in full. She signed it, with it saying the balance is $100, to be paid in installments of no less than $50 a month. Is this contract valid? Here is a copy of it, with what she wrote filled in. I would very much appreciate any advice.
Payment Agreement
It has been agreed that _Boyfriend__(for privacy)_ will pay the balance of $_100_ to __Mother_ for the judgment of January 2002.
___Boyfriend__ agrees to make monthly payments to __Mother__in the amount of no less than $50 per month until the
balance is paid in full.
Upon full payment of the balance, the Payee will agree that there will be no
more contact of any kind with the Payer__ I will not agree to this because if he misses payment I will not be able to contact him.
Both parties understand this agreement and are signed below:
Payer___________ date__________
__Signed and dated by mother_ date _______________
Payee
THIS IS A LEGAL AND BINDING CONTRACT
Ok, for a quick (I'll try anyway) background... My boyfriend's mother sued him last Jan. for over $1700.. Most, if not all of this, was money she did, in fact, pay for him...even though he told her he could not pay her back, and never signed a contract or agreed verbally to pay it back. He told her not to do this, she insisted. It also turned out that several of the checks she gave him, or to other people on his behalf, were written on a closed account. Anyway, we went to court and, even without a shred of evidence, she won. ...The judge totally disregarded my testimony, which she asked for, when I said she did not give him a loan for a car. He said that since I was still his girlfriend our finances MUST be intertwined. No, he did not have any reason to say that... It upset me, obviously. Also, I may add, that the judge knew her and addressed her in a personal way. Should this have even been in his courtroom?
My main question is this: My boyfriend received a letter from her on Thursday, threatening to take him back to court to garnish his wages if he didn't "make other arrangements" by the next Monday. He had sent her a total of $200 by then. He sent a certified letter proposing a minimum payment of $50 per month, every month until it's paid in full. He also sent two copies of a contract stating this agreement, and stipulated that she not contact him once payment was made in full (he did not sign these.)
Today he got a letter from her, a photocopy of the contract and letter that he sent her (she filled out the contract they way she wanted it to read and photocopied it to send to him)...she said she would not accept less than $100 a month, unless he could prove he couldn't send more. She threatened to take him to court again by Sept.2 if he didn't send money by the end of this month. She included a copy of the contract, but in the blank for judgment balance she wrote $100 instead of the more than $1500 it should be. She also wrote she did not accept the no contact part because then if he missed a payment she couldn't contact him--even though this wouldn't go into effect until AFTER it was paid in full. She signed it, with it saying the balance is $100, to be paid in installments of no less than $50 a month. Is this contract valid? Here is a copy of it, with what she wrote filled in. I would very much appreciate any advice.
Payment Agreement
It has been agreed that _Boyfriend__(for privacy)_ will pay the balance of $_100_ to __Mother_ for the judgment of January 2002.
___Boyfriend__ agrees to make monthly payments to __Mother__in the amount of no less than $50 per month until the
balance is paid in full.
Upon full payment of the balance, the Payee will agree that there will be no
more contact of any kind with the Payer__ I will not agree to this because if he misses payment I will not be able to contact him.
Both parties understand this agreement and are signed below:
Payer___________ date__________
__Signed and dated by mother_ date _______________
Payee
THIS IS A LEGAL AND BINDING CONTRACT