Sold Item To Relative----Did Not Pay

[JBraden]

I sold computer to relative a sister-in-law and her boyfriend on a verbal agreement of $300.00 down and weekly payments of 100.00 until balance was paid. She paid the 300.00 down and then nothing the next week. I asked my husband if they had requested the payment be put off. He said that he had not heard anything from them. He told me after speaking with them that they were sick and had not worked so they did not have the money. I did not say anything that week because another legal matter with my husband needed to be resolved and we needed the money for that. So I waited... The next week no money again and another excuse. I told my husband I wanted the computer back, that the agreement was broken the first week that they had not paid. He said he would talk to them. Since he works with them that was the most conveinant arrangement to relay messages. The next day, payday my husband gave me what was left of the weekly payment that they made, he had took the money without telling them of my desire to get computer back. Three weeks went by with no word from them. My husband, her brother, left me. We are now in the process of getting divorced. Another week went by with no word from them. I called and they would not answer the phone. I went up to their home, which is an hour drive, late one night looking for my husband. While I was there I told them the agreement we made had been broken and that I would be taking posession of the computer since they had failed to pay. I told my sister-in -law, her boyfriend, her brother, who lives with them also, and her oldest son that I would be coming back to get it. One week later, after no word from them I went up to their house again. Their other son was home and I told him that I had mail for Bill, my soon to be ex-husband, and I needed to get the computer. I took posession of the computer. The sister-in-law wants her money back now or she wants to give me the rest of the money for the computer in a lump sum. What do I do legally? This is in Tennessee.

[This message has been edited by JBraden (edited August 18, 2000).]

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by JBraden:
I sold computer to relative a sister-in-law and her boyfriend on a verbal agreement of $300.00 down and weekly payments of 100.00 until balance was paid. She paid the 300.00 down and then nothing the next week. I asked my husband if they had requested the payment be put off. He said that he had not heard anything from them. He told me after speaking with them that they were sick and had not worked so they did not ahve the money. I did not say anything that week because another legal matter with my husband needed to be resolved and we needed the money for that. The next week no money again and another excuse. I told my husband I wanted the computer back, that the agreement was broken the first week that they had not paid. He said he would talk to them. Since he works with them that was the most conveinant arrangement to relay messages. The next day, payday my husband gave me what was left of the weekly payment that they made, he had took the money without telling them of my desire to get computer back. Three weeks went by with no word from them. My husband, her brother, left me. We are now in the process of getting divorced. Another week went by with no word from them. I called and they would not answer the phone. I went up to their home, which is an hour drive, late one night looking for my husband. While I was there I told them the agreement we made had been broken and that I would be taking posession of the computer since they had failed to pay. I told my sister-in -law, her boyfriend, her brother, who lives with them also, and her oldest son that I would be coming back to get it. One week later, after no word from them I went up to their house again. Their other son was home and I told him that I had mail for Bill, my soon to be ex-husband, and I needed to get the computer. I took posession of the computer. The sister-in-law wants her money back now or she wants to give me the rest of the money for the computer in a lump sum. What do I do legally? <HR></BLOCKQUOTE>

My response:

This is simple. Tell her to come to your home with a CERTIFIED CASHIER'S CHECK from a bank; not a personal check, not cash, and not stamps, but ONLY a Certified Cashier's Check. That way, you know it's good, and there will be a paper trail to show that it was paid in full. Meet her in front of your home, and don't let her have the computer until she puts the Cashier's Check in your hand. If she refuses, turn around, go inside and lock the door. Let her sue you if she can prove a) there was a contract, and b) that she made any payments to you in any sum.

In other words, let her do the work.

IAAL



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[JBraden]

Wouldn't her family's word be enough to prove there was a verbal agreement? Am I liable for her lawyer fees if she does pursue a court case? I do not wish to give computer back if it is legal to keep it. Any further advice will be appreciated.