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Hi,
I was moving away this last July, and I needed to sale my furniture because it was more hassel to bring it than to sale it and get new stuff when I moved.
My sister has a freind and she told me she was shopping for new living room furniture and bedroom bed and set. I told her I would accept payments. I took the furniture over to her house and physically helped her move it in, with the agreement that she would pay me $1400.00 for all the furniture. The living room set I paid for was $3500.00, and only a year old and was leather couch with electronic recliners on both ends and a love seat with electronic recliners in it. Then my dresser that was $700.00 and my bed frame and my daughter serta mattress that I paid $1200.00 for.
She gave me a couple of hundred that day and promised to pay $200.00 a month to pay the rest.
She has only paid me $600.00, and now claims that she doesn't owe me anymore money.
I don't know what to do. The furniture I sold her was at a cheap enough price and now she is doing this.
How do I take her to small claims when all we had was a verbal agreement.?
I have recipets from where she sent money a few times.
Can anyone give me advice. It hasn't been 2 months since she said she didn't owe me anymore money.
Hi,
I was moving away this last July, and I needed to sale my furniture because it was more hassel to bring it than to sale it and get new stuff when I moved.
My sister has a friend and she told me she was shopping for new living room furniture and bedroom bed and set. I told her I would accept payments. I took the furniture over to her house and physically helped her move it in, with the agreement that she would pay me $1400.00 for all the furniture. The living room set I paid for was $3500.00, and only a year old and was leather couch with electronic recliners on both ends and a love seat with electronic recliners in it. Then my dresser that was $700.00 and my bed frame and my daughter serta mattress that I paid $1200.00 for.
She gave me a couple of hundred that day and promised to pay $200.00 a month to pay the rest.
She has only paid me $600.00, and now claims that she doesn't owe me anymore money.
I don't know what to do. The furniture I sold her was at a cheap enough price and now she is doing this.
How do I take her to small claims when all we had was a verbal agreement.?
I have recipets from where she sent money a few times.
Can anyone give me advice. It hasn't been 2 months since she said she didn't owe me anymore money.
Thx, desperate and aggregated.
discuss this with your sister, perhaps she can apply some pressure on her friend, otherwise without something in writing......
Sounds like you're out of luck. Check it off as a lesson learned.
I would say that I agree with this. You could spend money to hire an attorney, but you would probably lose based on a "verbal" agreement. At this point, it is a "he said, she said" situation. However, I don't think it would hurt to ask a lawyer about this issue.
How is this person claiming they don't need to pay any more money?
Next time, you should definitely create or find some sort of document that both of you sign (with a witness) so that if there is an issue, you can have it resolved in the courts.
An oral agreement is an agreement and you can try to enforce it in small claims court. Your sister, although she is not a disinterested party, can attest to the basic terms of the transaction. She can provide the information that she relayed to her friend and indicate that this agreement was what was in fact agreed upon causing you to deliver the furniture. The administrative judge in Small claims court will likely ask the friend the terms of the sale as she understood them. It is a toss up as to whether the judge would find for you. In cases like this the greater the disparity between the value of the good and the money furnished is how judges usually make their determination.
Here is the deal though, even if you were to win you would still have to get the judgement enforced which is still a pain in the behind.
Strictly speaking, in North Carolina it's a magistrate not an administrative law judge that presides over small claims court. NC does have ALJs, but a civil dispute like this one will not involve an ALJ.
Note that the party losing in small claims court can appeal to District Court, and the trial is held "de novo" meaning from the beginning. And note that winning in court and collecting on a judgment are two very different things.
Sharpe knife to leather couch and one recliner should make things right.
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