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M

Mei Mei

Junior Member
What is the name of your state (only U.S. law)? Maryland

I have this written agreement with this person that he would repay me the money he owes me by a date. This was end of Dec of 2009 and then we modified it til End of Jan 2010. As of now he still has not paid. I have a new agreement with him to have the amount repaid in installments and he has only done one which was $40 dollars out of $3,040.00. So how do I go about trying to get my money back or take him to court? All the documents have his signature and dates on it.

So what should I do now?
 


A

Antigone*

Senior Member
Mei Mei said:
What is the name of your state (only U.S. law)? Maryland

I have this written agreement with this person that he would repay me the money he owes me by a date. This was end of Dec of 2009 and then we modified it til End of Jan 2010. As of now he still has not paid. I have a new agreement with him to have the amount repaid in installments and he has only done one which was $40 dollars out of $3,040.00. So how do I go about trying to get my money back or take him to court? All the documents have his signature and dates on it.

So what should I do now?
Click to expand...
Sue the bad guy in small claims court.

How to File a Small Claim
 
M

Mei Mei

Junior Member
Sorry! I didn't see the link cause the script didn't make it pop up. Thank you!
Would you happen to know what happens after the court? Like if he doesn't pay?
 
M

Mei Mei

Junior Member
question

I was looking at the link you gave me and it talks about interest. Do I add interest to the money he owes me? Well according to our most recent contract he is suppose to pay 10% late fee.

-----This is the contract I have -----Everything is signed for our names and only the 1st payment was made, this is the original payment amounts however we switched the 1st payment of $500 to $40 and the last payment of $40 to $500.
---------

I him agree to follow the payment plan as followed to repay me in the following amounts to a total $3,040.00.

Payments will be paid in the form of cash, certified check or money order only.
No personal checks will be allowed to be used as a form of payment.


----------------------------------------------------------------------

First Payment of $40.00 due on June 25, 2010 no later than 4:30 pm.


Payment Received: __________________________ Date: __________
(Signature of me required.)



Payment Received: __________________________ Date: __________
(Signature of him required.)

-----------------------------------------------------------------------


Second Payment of $500.00 due on July 9, 2010 no later than 4:30 pm.


Payment Received: __________________________ Date: __________
(Signature of me required.)



Payment Received: __________________________ Date: __________
(Signature of him required.)

-----------------------------------------------------------------------

Third Payment of $500.00 due on July 23, 2010 no later than 4:30 pm.



Payment Received: __________________________ Date: __________
(Signature of me required.)



Payment Received: __________________________ Date: __________
(Signature of him required.)

------------------------------------------------------------------------

Fourth Payment of $500.00 due on August 6, 2010 no later than 4:30 pm.


Payment Received: __________________________ Date: __________
(Signature of me required.)



Payment Received: __________________________ Date: __________
(Signature of him required.)

-----------------------------------------------------------------------


Fifth Payment of $500.00 due on August 20, 2010 no later than 4:30 pm.


Payment Received: __________________________ Date: __________
(Signature of me required.)



Payment Received: __________________________ Date: __________
(Signature of him required.)

-----------------------------------------------------------------------


Sixth Payment of $500.00 due on September 3, 2010 no later than 4:30 pm.


Payment Received: __________________________ Date: __________
(Signature of me required.)



Payment Received: __________________________ Date: __________
(Signature of him required.)

-------------------------------------------------------------------


Seventh Payment of $40.00 due on September 10, 2010 no later than 4:30 pm.


Payment Received: __________________________ Date: ___________
(Signature of me required.)



Payment Received: __________________________ Date: __________
(Signature of him required.)

---------------------------------------------------------------------

If in any situation where a payment is missed there will be an addition late fee charge of 10% added in addition to the payment amount, that must be paid no later then the following Monday. The following Mondays are listed below:


First payment: Monday, June 28, 2010. (10% fee = $4.00)
Second payment: Monday, July 12, 2010. (10% fee = $50.00)
Third payment: Monday, July 26, 2010. (10% fee = $50.00)
Fourth payment: Monday, August 9, 2010. (10% fee = $50.00)
Fifth payment: Monday, August 23, 2010. (10% fee = $50.00)
Sixth payment: Monday, September 6, 2010. (10% fee = $50.00)
Seventh payment: Monday, September 13, 2010. (10% fee = $50.00)

-------------------------------------------------------------------

I __________________ (him) have agreed to this payment plan on Wednesday, June 16, 2010 and shall follow and abide by the terms laid out in this agreement.


Signature: _____________________________ Date: _________


I __________________ (me) have agreed to this payment plan on Wednesday, June 16, 2010 and shall follow and abide by the terms laid out in this agreement.


Signature: _____________________________ Date: _________

-------

So he is late for the second payment. And he just replied to me via text messages explaining that he is out of town and that there was a sudden death in the family. However, If i remember correctly this is the week of a wedding. Where he was suppose to go to SC or NC and thats where the funeral is. Sigh....I learned my lesson. never let anyone borrow money!!!

So is it more likely that I will win the case you think?
 
L

latigo

Senior Member
You appear to have overlooked including a critical provision in the installment repayment agreement.

To-wit: An acceleration clause!

Example: In the event of default in the making of any installment the entire balance shall become immediately due and payable.

Whether or not the Maryland court will apply the principle of anticipatory breach of contract is something you need to discuss with a Maryland based attorney.

Plus, you should have added a provision allowing you to recover reasonable attorney fees should it be necessary to bring legal action to enforce the agreement.
 
M

Mei Mei

Junior Member
So I'm in Maryland.
I got the court date and I had the person served by the Sheriff. On Aug 5th 2010 and he still has not contacted me at all. So what happens if he does not show up to court? I know he is in contempt of court then do they go arrest him or only arrest him if hes caught. With all the evidence I have I think the judge will rule in my favor he has 10 years to pay me back right? So if he doesnt pay me back does it go against his credit score?
 
A

Antigone*

Senior Member
Mei Mei said:
So I'm in Maryland.
I got the court date and I had the person served by the Sheriff. On Aug 5th 2010 and he still has not contacted me at all. So what happens if he does not show up to court? I know he is in contempt of court then do they go arrest him or only arrest him if hes caught. With all the evidence I have I think the judge will rule in my favor he has 10 years to pay me back right? So if he doesnt pay me back does it go against his credit score?
Click to expand...
There won't be any arresting here. If he doesn't show up in court, you will most likely win by default.

Then you will have fun collecting your judgement.
 
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