oral contract

[solomon77]

What is the name of your state? Florida I recently purchased some appliances from a friend of mine for $1200.00. I agreed to pay $80.00/month until I recieved a lump sum of money from my pending divorce, if and when it's final. One month later I paid the first installment of $80 and she informed me that she wanted the whole $1200 and that she never agreed to $80/month. I immediatley offered to give back her property or continue to pay the $80/month. She refuses to take back the property and continues to harrass and threaten me with a civil lawsuit. I have now paid two installments and she continues to harrass me, but she also accepts the payments. Could she actually sue and win? Could I be required to pay for her attorney? I never agreed to pay her $1200 in a lump sum until my divorce was final. There is no written contract for the sale agreement. I have all the correspondence via e-mails offering to return the property but she refuses.

 

[seniorjudge]

Q: Could she actually sue and win?

A: No one knows the answer to that but I do know that the more payments you make, the more likely a judge will believe that there was a contract to that effect. Never be late with a payment.

 

[Dandy Don]

If this goes to small claims court, it's going to be your word against hers and your story is more believeable. A judgement is going to be entered which you will eventually have to pay, but how you will pay will depend on how the other side decides to collect it. At what date ARE you going to have the money from your divorce? Take out a loan from a credit union or bank to pay her off so you won't have to waste time in court over this. And don't do deals in the future without written agreement.

DANDY DON IN OKLAHOMA ([email protected])