Legal Question in Credit and Debt Law in California
oral contract
entered into an oral contract with my girlfiend (now my ex) in Aug over 2 beds I put on my credit line after she was denied. We had an agreement of $80 dollars a month (that she would be paying) after the bed salesman showed us how much to pay to avoid the interest before a full year (12 months same as cash). it has been 6 months and no payment has been made and she is changing the wording to the agreement saying she ''never said she'd be paying $80 dollars a month but that $80 dollars a month was do-able'' (which according to her are two totally different things. I knew about her debt at the time but her financial situation changed dramatically [way more debt now]). On one occasion she sent me a text message saying she would have the beds paid in full by Oct 22, 07. But a week later she told would not be able to. The beds aren't due till august, but she has thousands in debt and I won�t wait until interest starts to accrue and my credit is ruined; she will not come up with this money out of the blue one day. I�ve given her many chances and have threatened to take the beds back OR take her to court (her response: I can take her to court in August when the beds are paid for); do I have a case and an upper hand?
1 Answer from Attorneys
Re: oral contract
It's called anticipatory breach of agreement. If she says she's not going to pay, you don't have to wait until August to deal with it in court since by then your credit will be harmed.
I suggest that you somehow agree to get the beds from her and pay for them yourself, or try to extricate yourself from the original debt since she has the beds.
Obviously, logic isn't this person's strong suit.
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