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Info4me

Guest
What is the name of your state? New York.

I had made a nonwritten agreement with a friend of 13 years. I had purchased a surround sound system for my home on 12/08/01. It was on a promotion that allowed me to pay for it on my credit card for 15 months. My friend has the same credit card only that he didn't have enought money on it. The item was $700. He wanted it so bad that I sold him mine. It was given to him brand new, I never opened the boxes. The agreement was he had 15 months to pay for the item. I trusted him, he was practically family. I went ahead and repurchased the same item for myself 15 days later. On Feb 2002, he gave me $200 cash. I didn't harass him for any money throughout the whole year. Jan 2003, I started to ask him for some money. His due date was 3/17/03 and he had $500 left to pay me. He has told me stories on numerous occasions that he is going to pay and still I have received nothing. He has avoided my calls and when we have spoken, we have gotten into ugly disputes. Somehow, I am being blamed in asking for my money when it's due. I have recorded our last 2 conversations where he states when he is going to pay; however, those dates have passed. I was in contact with my credit card acct. and they have stated that I have been billed an extra $210 of finance charges on that item because it was not paid on time. Now, he owes me $710 instead of $500. I have address this to my friend and I have also tried to make a deal where he can pay little by little and still no monies. It's been months since they moved, I only visted once. I don't know there home address that is why I am always calling. Now, what I have going for me is:

1- I have 2 recorded conversations
2- My boyfriend and his wife were present when the agreement was done. It was in my house when it happened.
3- I have the original receipt of the item that is in his house.
4- I know my phone bill is going to be sky rocket showing the numerous of times I tried calling his house.

He called me yesterday (4/26/03) to tell me he could not pay the amount he stated he was going to pay ($600). He called to say he could only pay $250. He called later that day, to say if he could pay it on Saturday (4/27/03). I am still being nice about it only because I want my money. So I am waiting for it today. Chances are I will be suckered again.

Please, I need help. I can't afford a lawyer. What should I do?
 


JETX

Senior Member
Do NOT file in small claims until after you have gotten him to put his repayment agreement in writing.

Since you are still talking with him, try to get him to give you ANYTHING to show that he agreed to the loan and what he will pay.

That written agreement will go a LONG way to making any subsequent legal action more likely to be resolved in your favor.
 

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