A couple of questions....

[Foxrunfarmncw]

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

I apologize if I post this in the wrong forum.....


In the beginning of the year I sold a horse to a woman with the agreement that she would make monthly payments. I did receive the first payment when she picked up the horse but have not received anything since then (4 months). Each month I emailed her to ask for payment I got a different excuse- had unexpected bills, will be sending it within xxx days, waiting for a check to clear, etc. the last email I received was dated July 13 appologizing for not paying and assuring me she was going to send the $$$.

I have received nothing to date. I have kept every email with all of her various excuses for not paying.

This past time I emailed her I requested the total for all of her missed payments or I would file in small claims court. Her response was she had sent me a payment July 14 and had made a payment the month before that. Funny, in our email exchange she mentioned nothing of actually sending a payment until a court case is threatening her. When I questioned her she said her first payment was a check, the second she sent cash and someone must be stealing it from my mailbox (not possible since I live in an apartment complex and it is a locked box with surveillance). She wants me to file a report with the police stating the payments were stolen- isn't that something she needs to do? Is it her responsibility to prove she sent them in the first place?

Now I know the check is traceable and asked her to send me the info on when the check was written, when it was cashed and by who. I pretty much know she is full of BS and am not expecting anything legitimate in response.

If I do proceed in filing a claim in small claims court (the total would be less than $3500), can I request the full outstanding balance plus interest and court costs? or can I only request the total of the missed payments and court costs?

Thank you!!

 

[latigo]

What is the name of your state (only U.S. law)? NCIn the beginning of the year I sold a horse to a woman with the agreement that she would make monthly payments. I did receive the first payment when she picked up the horse but have not received anything since then (4 months). Each month I emailed her to ask for payment I got a different excuse- had unexpected bills, will be sending it within xxx days, waiting for a check to clear, etc. the last email I received was dated July 13 appologizing for not paying and assuring me she was going to send the $$$.

I have received nothing to date. I have kept every email with all of her various excuses for not paying.

This past time I emailed her I requested the total for all of her missed payments or I would file in small claims court. Her response was she had sent me a payment July 14 and had made a payment the month before that. Funny, in our email exchange she mentioned nothing of actually sending a payment until a court case is threatening her. When I questioned her she said her first payment was a check, the second she sent cash and someone must be stealing it from my mailbox (not possible since I live in an apartment complex and it is a locked box with surveillance). She wants me to file a report with the police stating the payments were stolen- isn't that something she needs to do? Is it her responsibility to prove she sent them in the first place?

Now I know the check is traceable and asked her to send me the info on when the check was written, when it was cashed and by who. I pretty much know she is full of BS and am not expecting anything legitimate in response.

If I do proceed in filing a claim in small claims court (the total would be less than $3500), can I request the full outstanding balance plus interest and court costs? or can I only request the total of the missed payments and court costs?

Thank you!!

You might have been at least explicit enough to tell us whether or not this agreement was written or verbal!

But written or not you don’t sue her for just the "missing installment payments". You sue for the whole works!

BUT FIRST you must notify her by (U. S. Certified Mail – RR) - AND DEFINTELY NOT BY EMAIL - that due to her breach of contract you are hereby declaring the entire unpaid balance of the sales price immediately due and payable . . . . .

And if such and such is not received in full in cash or certified funds within ten days (10) of the mailing hereof that you will promptly commence a civil lawsuit against her seeking a money judgment in that amount.

________________

Also, she is only entitled as credit against the agreed price those funds that she can prove as actually having reached your hands.

Hence, so much for her “the check is in the mail” ploy.

If you want to ask for 8% pre-judgment interest upon an open account, go ahead. But I doubt that the court will allow it without a signed writing providing for it.

As loose as this deal was put together and you retaining no security, I gather that the nag isn’t destined for cinema stardom.