Being sued in Small Claims over verbal agreement

[flyingcyclist]

Mississippi.

I used to drive a taxi and paid my lease weekly to the owner. It was a verbal agreement with no other fees other than the lease payment. (lease was $350 weekly, payable on monday, no other fees) I paid according to the agreed upon schedule for about 6 of 9 months, then a few times I fell a little behind, but always got caught up. The owner started getting "flaky" on me and began to forget payments were being made, so I started getting him to sign a receipt book. (Didn't have them or felt the need for this until this point)

He initialed each one and up until I returned the car, I was never more than $100 behind, and again, no other fees agreed to. I got sick two weeks before the car finally got turned in. I tried to turn car in when i got sick but the owner said to keep it, not to worry about the lease, when I got better he would expect to see me back.

I insisted that i wanted to give car back (I really wanted out of the business) but he wouldn't hear of it. I finally convinced him to come get it nearly 2 weeks after I first asked. It sat at my house the entire time.
I paid him for the monday of the beginning of the week I originally tried to give it back.

He now states I owe him over $1400. for the car, he is including fees that I never had to pay before and other than the reciepts I strted half way through my "employment", I (nor he) has any real proof. He has created a ledger claiming what I owe him, but nothing signed by me.

HELP!!

 

[BL]

What is your counterclaim ?

 

[BelizeBreeze]

What is your counterclaim ?

What contract your honor?

 

[JETX]

What contract your honor?

And of course, denying the contract existed will NOT work. The problem here is... the OP is providing the proof (in the signed receipt book) that a contract DID exist. And he can't prove (again, his own receipts) that the payments immediately prior to the return were paid. The OP should have gotten the waiver in writing.... and without that, he is likely 'out of gas'.....

 

[flyingcyclist]

Receipts

The reciept book has three boxes in the lower corner: Acct, Paid, and Due. There is nothing noted about a past due amt ( which I believe he should have written in if there was an amt due) and in the "due" column it keeps a running total of monies still owed. The first receipt shows no "acct" or bal fwd, and the last reciept in the book only shows a bal of $100. Isn't he accountable for his signature in the book and the way the reciept is filled in since he signed off on it? Many thanks!