How do I collect on $7,500 debt that someone owes me and which I have in writing?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How do I collect on $7,500 debt that someone owes me and which I have in writing?
I wrote a contract out in pen stating I was selling him my motorcycle for $7500; I would take $200 a month until the debt was paid. He agreed and signed it. We have been friends for a long time and I thought that I could trust him since we have had similar deals in the past without any issues. I gave him the title so he could register the bike and he has. It’s been a year of excuses and lies and he still has not paid me. I don’t know if he has sold it or still has it but he has not returned any of my calls since I asked him to return it.
Asked on August 4, 2011 Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You need to sue him. A written contract of sale, like the one you describe, is enforceable. The only way to enforce it, however, is to sue him for the money. After you sue him, assuming you win (which seems likely based on what you write), if he still doesn't pay voluntarily, you could look to garnish wages or a bank account, execute on property (e.g. force the sale of some of his belongings), or a put a lien on his home. In the future, if you engage in sales like this, you could make the motorcycle (or other property) be collateral for payment, allowing you to reposses if unpaid. In the meantime, you may wish to check the jurisdictional limit--i.e. the dollar limit--of small claims court, to see if bringing a suit there (where you would not need an attorney) may be an option. Good luck.
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You can sue your friend for breach of contract for failure to pay the $7500. When you get a judgment against him, it would be advisable to get a wage garnishment to enforce the judgment.
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.