Legal Question in Civil Litigation in California
Friend Breaches contract
My friend needed a car, wanted mine, so we wrote up a contract stating that she would pay me 3000.00 cash for the car within 100 days or sooner if her property sold, but no later than 100 days. She had her husband sign a bill of sale for collateral (His run down boat)Vehicle/Vessel transfer form signed also.100 hundred days came and went still no money, we collected boat and when Ron (the owner of boat) came promptly over to ask us why??? we took it, we gave it back, we dont want that hassle either. They continued to promise to pay, and when it came time for the property they owned to close, she was supposed to write me in as a debtor but she was angry at the time and decided not to.She didnt tell me this until well after it closed and she didnt tell me, I heard threw the grape vine.She has already sold the car and collected 150 dollars a week on it until it was paid off. Not one dime came to me. I told her she could make payments but she refused.This was in May of 2002 that the deal was set, here it is 2003. I want my money, she is a con artist come to find out and should not get away with this. What can I do???? Please help.
2 Answers from Attorneys
Re: Friend Breaches contract
Your best bet is to file a small-claims action. You do not need an attorney to do this, and the process is straightforward. You need to go to your local court and there should be a small claims office which has all the necessary forms and instructions. Make sure you have all of the contract documents for the hearing.
Re: Friend Breaches contract
It is apparent you won't get paid unless you sue. do so in small claims court.