Can the person that I bought a car from take me to court over money that I already tried to pay if he previously said that he not want my money?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can the person that I bought a car from take me to court over money that I already tried to pay if he previously said that he not want my money?

About 1 1/2 years ago, I purchased a vehicle from a private party. We had a verbal agreement that I

would work off the debt. Well things changed and I told the fella I couldnt work anymore, that I would be more than happy to not him the remaining balance of $400. Well 2 months ago, I called him to give him the $400 cash but instead of accepting it, he told me that he did not want my money through a text message. So I thought that was the end of it. However, now he is threatening to take me to court over the $400 that he wouldn’t accept. Can he do this legally even after he told me very very clearly that he did not want the money through a text message?

Asked on March 20, 2018 under Criminal Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Unless you gave him something else in exchange for him forgiving that last $400, his offer to forgive or forget about it is not binding: without him receiving something of value ("consideration") to create an enforceable contract, it was what is called a "gratuitious" (or freely made) promise, which someone may go back on or change at will. (Enforceable agreements--contracts--require that each side get something of value.)  So he can legally seek the last $400 from you even after saying he didn't want it.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption