| Message |
Author |
 Posted: Mon May 05, 2008 5:34 am Subject: Verbal Agreement pertaining to selling a car. |
|
|
Are there anyone that knows anything about verbal agreements? I recently sold my car to a family member,she only gave me half of what I asked and needed me to sign the title over to her so that she could pawn it and assured me that she would pay me the other half,but she never did...Does anyone think this would hold up in small claims court?
_________________
Register today to encash debtcc points.
|
|
Audel26and
Guest
Debtcc Points: 100
|
|
|
| Posted: Mon May 05, 2008 6:01 am Subject: |
|
|
Verbal contracts will hold up ... the only problem is proving your case. It's your word against hers, and how do you prove she agreed to pay X dollars?
Do you have any witnesses that heard her agree to that amount?
|
|
DebtCruncher
Moderator
Joined: 07 Nov 2006
Posts: 1541
Debtcc Points: 17421
|
|
|
| Posted: Tue May 06, 2008 5:28 am Subject: verbal agreement |
|
|
yes, someone was present, her husband and my friend.
_________________
Register today to encash debtcc points.
|
|
audel26and
Guest
Debtcc Points: 100
|
|
|
| Posted: Tue May 06, 2008 5:33 am Subject: |
|
|
You could call him in as a witness. He is compelled to tell the truth, and if he lies in court then he could be held in contempt/perjury.
However I'm not sure what you have to do to get a subpoena issued in order to call him in. That might take the help of an attorney.
|
|
DebtCruncher
Moderator
Joined: 07 Nov 2006
Posts: 1541
Debtcc Points: 17421
|
|
|
| Posted: Tue May 06, 2008 6:29 am Subject: |
|
|
Verbal agreements are definately binding and will hold up in court providing you can prove your case to the judges satisfaction. If you explain the reason you went ahead and signed the title over it's possible for you to win your case. You would for sure need to get your friend to be there to testify on your behalf.
Hope this helps some,
Johnita
|
|
johnita
Joined: 28 Apr 2008
Posts: 78
Debtcc Points: 1105
|
|
|
| Posted: Tue May 06, 2008 10:05 am Subject: |
|
|
If you can get a witness to the agreement you can win this. You need to take a deposition from anyone who was there and be sure you have a witness to the deposition so they can't claim duress later. Getting them to go as a witness would be godd but with a deposition you may be able to settle this without a trial.
|
|
frogpatch
Moderator
Joined: 09 Apr 2007
Posts: 3695
Debtcc Points: 30814
|
|
|
