Oral Contract Between Friends

[Cynful1016]

california. i was living with a friend while under a doctors care. i was not and could not work. i received an insurance settlement for an acccident i had in a previous year. i endorsed the check to my friend ($27,000) and asked her to handle the account due to my illness. i asked her to withdrawal $15,000 and pay off the balance of a car loan. She got the $15,000, deposited into her husband's business account and then wrote a business check for $5,000 to my car loan company. Her and her husband kept the other $10,000. When I spoke with her husband, he explained that they needed the money to keep their business afloat, but assured me that he would have the car paid off (while continuing to make the monthly payments) by December, 2000. They did not pay the car off and discontinued making payments. I have taken over the payments, but the interest in still accruing...they will not return my calls, and i have sent several certified letter, to which they are ignoring. i really need some assistance... and i out of luck for being stupid? please advise.

 

[loku]

Misappropriation of funds by a "friend"

On the facts you gave, you should be able to win a suit against them for your loss. They clearly owe you the money, and it can be traced to their business account. They may even be guilty of embezzlement or theft. At the very least, you formed a contract in which the husband agreed to pay off the car by December 2000. In any case, you would win in court.

It might be a good idea to hire an attorney to write them a letter explaining your case and demanding the money.