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Ace-Ace

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#1

Verbal Contracts

02-09-2003, 07:14 PM

Hey,

There's a shitload of details in the middle to fill in, which I'm sure nobody here cares about so I won't go into them. But long story short:

Bought girlfriend car, four month relationship, breaking up. She's poor, as well as her family. When I bought the car, I simply withdrew $2500 and gave it to her dad at the location, and he bought it (from a private seller). He said "we appreciate this a lot, you'll get paid back". And a few minutes later said "you know she's irresponsible, if she can't make payments, we will".

Now that we're about to break up...I really don't foresee her or her family giving me $2500 now, or in payments. Given this is the case, is a verbal contract binding in the state of Ohio? She agreed to pay me, her parents both agreed to pay me (on many instances).

I printed out a contract for her and her parents to sign...and told her to give it to them. That never happened...

If they say they won't pay, and we go to court, and they say "We never agreed to pay it back, we thought it was a gift!" am I pretty much fucked?

Let Me Know,
Thanks,
Kevin

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#2

02-09-2003, 07:15 PM

your fucked
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Sly_RJ

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#3

02-09-2003, 07:17 PM

Verbal contracts are just as good as written contracts. Just much harder to prove. A family against you? You're fucked.

Although you could plead your case, "why else would I loan them a good amount of money if they didn't agree to pay me back?" I bet the judge would see your side and make them pay some back.

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Ace-Ace

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#4

02-09-2003, 07:19 PM

I know nobody here is a lawyer (most likely) but would it be worthwhile for me to get the agreements I printed out back (ones rolled up in the glove compartment of her car?)

I have copies saved on my computer as well...which I still have the original "Modified" date by to prove I didn't just now make them up.

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sandz

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#5

02-09-2003, 07:24 PM

Hmm I dont necessarily think you're fucked.. if there was a verbal contract formed, which to me it sounds like there was a definite offer and acceptance from both parties then there is a chance of getting the money back.

However verbal contracts are hard to hold up in court and in this case its definitely just going to be your word against theirs .. have you spoken to a lawyer about it at all?

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OneHungLo

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#6

02-09-2003, 07:24 PM

sounds like a case for judge judy
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#7

02-09-2003, 07:25 PM

If it doesn't involve your credit getting fucked up move on and chalk it up to a lesson learned. You won't have a very good chance winning with the family against you and no witnesses.

Sounds fucked up but do you have any nudes of her? You might be able to turn the tables and get her to start making small payments. I'm sure she wouldn't want her family seeing them...

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Ace-Ace

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#8

02-09-2003, 07:25 PM

Originally posted by sandz
Hmm I dont necessarily think you're fucked.. if there was a verbal contract formed, which to me it sounds like there was a definite offer and acceptance from both parties then there is a chance of getting the money back.

However verbal contracts are hard to hold up in court and in this case its definitely just going to be your word against theirs .. have you spoken to a lawyer about it at all?

No, nothing with a lawyer yet.

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#9

02-09-2003, 07:26 PM

If she is poor, she cant pay. move on

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Plugger

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#10

02-09-2003, 07:34 PM

It does not matter what is right or what is wrong, IT matters what you can prove! It is going to be very hard to prove a verbal contract

Cut your losses and move on . . .

For everyone else, learn from this, it does not matter what it is, who it is, IT DOES NOT MATTER IF IT IS NOT IN WRITTING!

I feel for you . . .
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#11

02-09-2003, 07:45 PM

Like someone recommended above, this definately sounds like something that should end up a daytime TV court program

 
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#12

02-09-2003, 07:48 PM

goto court and tell them if they say it was a gift you'll report her as a whore saying you gave that money for sex with her and she never came though with good sex... see if they like scandel.....

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#13

02-09-2003, 07:48 PM

let it go man.
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#14

02-09-2003, 07:56 PM

Originally posted by Ace-Ace
Hey,

There's a shitload of details in the middle to fill in, which I'm sure nobody here cares about so I won't go into them. But long story short:

Bought girlfriend car, four month relationship, breaking up. She's poor, as well as her family. When I bought the car, I simply withdrew $2500 and gave it to her dad at the location, and he bought it (from a private seller). He said "we appreciate this a lot, you'll get paid back". And a few minutes later said "you know she's irresponsible, if she can't make payments, we will".

Now that we're about to break up...I really don't foresee her or her family giving me $2500 now, or in payments. Given this is the case, is a verbal contract binding in the state of Ohio? She agreed to pay me, her parents both agreed to pay me (on many instances).

I printed out a contract for her and her parents to sign...and told her to give it to them. That never happened...

If they say they won't pay, and we go to court, and they say "We never agreed to pay it back, we thought it was a gift!" am I pretty much fucked?

Let Me Know,
Thanks,
Kevin

I think you're pretty much screwed. A contract whether verbal or written would include an amount for payments and a due date. At the very least it would include "You will receive full payment by ..blahblah..date". Since all you have is "we'll pay you back" that could me now.. a year from now... 5 years from now.

A good lesson to learn. If you ever hand anyone money for anything and intend on seeing it again, get it in writing. Not just an IOU either. An IOU doesn't have any firm data other than a dollar amount. If you ever do it again and someone questions "Don't you trust me for it?" you can honestly say that you tried that once and it didn't work.

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kocur26

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#15

02-09-2003, 08:04 PM

Dude I hate to say it but you are probably fucked. You can definitely sue but it's going to be a bitch to prove in court. It's basically your word against theirs. Also don't forget that even if you win you still have to collect the money. If they are poor it's doubtful they will have the cash. Then you'll have to go back to court to enforce the judgement and try to get their checks garnished or something.

In the end you will probably spend more time than you want in court or with attorneys. Even if you collect everything, you will probably have to pay a good chunk of it to your lawyer.

It's really not worth it for $2500.
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#16

02-09-2003, 08:05 PM

I think Judge Judy would give you your money, but unless you can get on that show you're probably fucked

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picindex

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#17

02-09-2003, 08:49 PM

Originally posted by kocur26
Dude I hate to say it but you are probably fucked. You can definitely sue but it's going to be a bitch to prove in court. It's basically your word against theirs. Also don't forget that even if you win you still have to collect the money. If they are poor it's doubtful they will have the cash. Then you'll have to go back to court to enforce the judgement and try to get their checks garnished or something.

In the end you will probably spend more time than you want in court or with attorneys. Even if you collect everything, you will probably have to pay a good chunk of it to your lawyer.

It's really not worth it for $2500.

not true - just file a small claim. They don't have money? Well do they have a job? Once you get a judgment in your favor you have to wait 30 days then you can file a writ of execution and take what ever you want (other cars, their pay checks, etc).

I have done it several times for small amounts and I even collected $60,000 in under 2 years from a guy who was on unemployment and had nothing. We took his car and once his unemployment ran out his wages.

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#18

02-09-2003, 09:18 PM

verbal contracts mean shit unless they admit to it or you have someone that would normally be on their side as a witness or someone central like a child,

other then that ur goat fucked
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AOLGuy

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#19

02-09-2003, 10:12 PM

1. do you have any nude pics of her? enough content to make your money back?

2. let her default, and send her and/or her parents a 1099 next year... they will have to claim the $2500 as taxable income and at least have that headache. you can at least write the debt off

(if you paid her last year, you can send her the form in 2004 - you send it for the year after it was clear you were going to take the loss)
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#20

02-09-2003, 10:22 PM

Verbal agreements are binding, but you bear the burden of proof. So not only are you fucked...but after the court hearing, her father is likely to drive the car right up your gaping ass.

Sorry, but I would cut my losses and be done with the whole family.

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#21

02-09-2003, 10:57 PM

pull the ultimate spy job and before you break up with her record some stuff on tape
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kocur26

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#22

02-09-2003, 11:10 PM

Originally posted by picindex

not true - just file a small claim. They don't have money? Well do they have a job? Once you get a judgment in your favor you have to wait 30 days then you can file a writ of execution and take what ever you want (other cars, their pay checks, etc).

I have done it several times for small amounts and I even collected $60,000 in under 2 years from a guy who was on unemployment and had nothing. We took his car and once his unemployment ran out his wages.

There are limits to what you can sue for in small claims court. I am sure they are different in each state but where I live I believe it is $800. So he couldn't sue for the full $2500 in small claims.
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#23

02-09-2003, 11:53 PM
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Lily

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#24

02-10-2003, 12:27 AM

Originally posted by OneHungLo
sounds like a case for judge judy

I agree here, a tv judge would probably see logic and judge in your favor. Whether a "real" judge would remains to be seen, but I'd take a chance! You seem to have logic on your side...

I found this site that tells you how much you can sue for in each state.

http://www.nolo.com/lawcenter/ency/a...615532C3AE0862
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#25

02-10-2003, 02:01 AM

Well you're fucked if this is what you go to court with:

"Bought girlfriend car, four month relationship, breaking up. She's poor, as well as her family. When I bought the car, I simply withdrew $2500 and gave it to her dad at the location, and he bought it (from a private seller). "

Where in there does it say anything about a loan? Your first sentence pretty much states you gave a gift of $2500 to your girlfriend.

Dude what were you thinking? good luck

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#26

02-10-2003, 02:07 AM

Contact her and her family, secretly record the conversation. Done.

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#27

02-10-2003, 03:05 AM

Verbal contracts bear a tremendous amount of work to prove since most people lie under oath. It will be up to the judge to decide what the truth is. I think you have a good shot in small claims court. But bear in mind many judges will cut you short from the get go and say why didn't you have something in writing.

I would just write it off as a loss.

Its only the beginning wait til you're my age and count up all the money women have taken off of you. Its a seriously scary number if your the generous type like me.

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Mr.Fiction

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#28

02-10-2003, 03:10 AM

$2500? Unless you're out for revenge, forget about it.

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