What is the name of your state (only U.S. law)? Arizona.
About a year and a half ago, my car's motor blew and a friend/neighbor agreed to help me repair it by putting it on her credit card with the agreement that I would pay the bill. I asked for her help, it wasn't an unsolicited offer of help, but she agreed and put the full balance (about $2500) on her credit card which had no other balance.
When the bill came in, she brought it to me and I would pay anywhere from the minimum payment ($65) to $100. Being as my job was sales only commission, there were times that the payment was late. In those cases, I paid the late fee.
The commission only job tanked over the following months, and I was unemployed, took temp jobs, and ended up evicted three times in less than a year. My ability to pay her $100 to cover the bill was sporadic at best.
She paid off the card, without my request or knowledge, out of generosity and concern for her credit history, I presume. Then she told me I would just pay her $100 each month, and not have to worry about interest or late fees. By this time, the bill was down to about $2100.
In June, I got a steady job which went permanent in August. My live-in boyfriend was working two jobs, and we were finally able to start digging out of the financial hole we were in and started making steady payments to her again of $100/month. Then, last month, the court began garnishing his paycheck for 70% of his net (based on the court order that was calculated on a job he hasn't had for 10 months), and the same week, he lost his second job. Our income decreased by over $1100 with two weeks to the end of the month.
I had to cover the full rent, utilities, and some other bills, and tell some people that I owed money that I wouldn't be able to pay them this week, but would have money to them by the 15th of October, including my friend who covered my car. All the way along, whenever I have been short or unable to pay her, I have been in communication with her and she has been understanding but also very angry and upsetting to me about the situation. I did not look forward to telling her I couldn't pay her for two weeks.
As expected, she blew up. The conversation, handled over text, ended in her demanding "$200 by the 16th of every month if I can pay off the whole amount this month" or she would take me to court. I told her I would do the best I could, but I couldn't promise anything, because if the money is not there, I can't give it to her. I am working more than 40 hours a week, taking every minute of overtime I can get, but until the courts have re-figured the boyfriend's childsupport correctly, I'm basically supporting a family of three and have to have gas to get to work.
What I want to know is this: Can she change the terms of our verbal agreement without me agreeing to the change? I have no problem with budgeting $100 on the 16th and committing to that, but the way things are right now, I cannot budget $200. There are too many other expenses that MUST be dealt with. If she takes me to court for not paying her the increased amount, what can I expect to happen?
About a year and a half ago, my car's motor blew and a friend/neighbor agreed to help me repair it by putting it on her credit card with the agreement that I would pay the bill. I asked for her help, it wasn't an unsolicited offer of help, but she agreed and put the full balance (about $2500) on her credit card which had no other balance.
When the bill came in, she brought it to me and I would pay anywhere from the minimum payment ($65) to $100. Being as my job was sales only commission, there were times that the payment was late. In those cases, I paid the late fee.
The commission only job tanked over the following months, and I was unemployed, took temp jobs, and ended up evicted three times in less than a year. My ability to pay her $100 to cover the bill was sporadic at best.
She paid off the card, without my request or knowledge, out of generosity and concern for her credit history, I presume. Then she told me I would just pay her $100 each month, and not have to worry about interest or late fees. By this time, the bill was down to about $2100.
In June, I got a steady job which went permanent in August. My live-in boyfriend was working two jobs, and we were finally able to start digging out of the financial hole we were in and started making steady payments to her again of $100/month. Then, last month, the court began garnishing his paycheck for 70% of his net (based on the court order that was calculated on a job he hasn't had for 10 months), and the same week, he lost his second job. Our income decreased by over $1100 with two weeks to the end of the month.
I had to cover the full rent, utilities, and some other bills, and tell some people that I owed money that I wouldn't be able to pay them this week, but would have money to them by the 15th of October, including my friend who covered my car. All the way along, whenever I have been short or unable to pay her, I have been in communication with her and she has been understanding but also very angry and upsetting to me about the situation. I did not look forward to telling her I couldn't pay her for two weeks.
As expected, she blew up. The conversation, handled over text, ended in her demanding "$200 by the 16th of every month if I can pay off the whole amount this month" or she would take me to court. I told her I would do the best I could, but I couldn't promise anything, because if the money is not there, I can't give it to her. I am working more than 40 hours a week, taking every minute of overtime I can get, but until the courts have re-figured the boyfriend's childsupport correctly, I'm basically supporting a family of three and have to have gas to get to work.
What I want to know is this: Can she change the terms of our verbal agreement without me agreeing to the change? I have no problem with budgeting $100 on the 16th and committing to that, but the way things are right now, I cannot budget $200. There are too many other expenses that MUST be dealt with. If she takes me to court for not paying her the increased amount, what can I expect to happen?
