sold car w/contract-never received last payment

[mom2boys1girl]

sold car was never paid in full

My husband and I sold a used van to a coworker of his. We made payment arrangements (3 installments) My husband typed out a contract for both him and the future buyer and they both signed it.

The contract is as follows:

I,(_husbands name_) am selling a blue 1985 Chevy Astro van in as is condition to (_buyers name_). He understands that there is written or implied warranty and it is being sold "As Is" He had agreed to make 3 separate payments on the dates listed below. The arrangement are as follows:
1st payment amount $300.00 paid on Sept 19,2000
2nd payment amount $300.00 due on Oct 3,2000
3rd payment amount $200.00 due on Oct 17,2000
Once the initial payment has been received, the van is considered sold and will not be driven by myself or any others until it is delivered to (_buyers name_) on Oct 17,2000. There are no refunds or returns once the monies have exchanged hands.

If both parties agree to the terms set forth above then please sign and date below:

Seller: (_seller signed_) date: 9/19/00
Buyer: (_buyer signed_) date: 9/19/00

We were going to hold on to the van until it was paid in full, but the buyers job was threatened due to tardiness and absenteeism's at work because he had no ride to get to work. So we gave him the van after the 2nd payment with the verbal understanding it would still be paid on the due date of last payment. The buyer still ended up getting fired and we never saw the payment (unfortunately we gave him the title because we didn't trust him having it and driving it under our name, we thought we would be OK since we had the agreement)

At this point what are our options? We really don't have the money to throw away to go to court and it be dismissed because we didn't write up another contract stating he was getting the van but still owed $200.00 (we were on vacation when he got fired so we had no option to write up another contract)

Sorry for the lengthy question but I wanted to cover all aspects.

Thank You for you time and help in this matter.

Carolyn ( we live in Franklin,TN)

[Edited by mom2boys1girl on 01-18-2001 at 12:23 AM]

 

[Traceyelisabeth]

Take him to small claims court. In many states you can ask for the court filing fee as part of your judgement. Bring to court the cancelled checks and if he paid with cash then bring in your bank statements showing your deposits. You might also want to bring anything proving you were on vacation at the time when a verbal alteration to the contract was made. Don't forget the signed contract. You might call an attorney that offers a free inital consultation and pick his ear.

 

[mom2boys1girl]

Thank You Tracey

I have a few more questions reguarding your reply? He never paid in check so we don't have that and when he paid us most of the time we didnt deposit it we would pay bills or grocery shop with it. So needless to say we don't have proof of his payments. Will that be a major problem we are not looking ot sue for the full amount we are not like that all we want it the last $200.00 plus whatever it cost to go to court. Someone alos suggested we sue for time missed from work also is that legal and worth it?

Thanks again
Carolyn