Legal Question in Business Law in Florida

I am a small claims court

I need to know my rights and advice on how to handle this suit. A contract was typed and signed, and notorized by myself and a co-worker on the purchase of an automobile.(Contract signed on Oct. 27,1998) Since, I have defaulted from the specified contract. This was due to unemployment. I did write a letter that stated I would be behind in payments, but would catch up as soon as I could.(Written in Nov.) I did give 2 payments after. It has been 4 months since last payment.(Last payment Jan. 1, 1998) I had purchased the vehicle for $1500. The amount still due is $1050. At this time I would have no trouble with payments of $50 a week. What is the worst scenario? How should I approach this? What are my legal rights? Any information that I might recieve will be appreciated.

Thank You.


Asked on 5/11/98, 12:37 pm

1 Answer from Attorneys
Randall Reder Randall O. Reder, P.A.

Breach of contract

From the way you described it, you have breachedthe contract. Therefore, you have no rights underthe contract. The other party has the right tosue you to enforce payment. If the contract provides so,the other party could also be awarded reasonable attorney'sfees. There is a statute that provides the prevailingparty is entitled to an award for the court costs,which is usually the filing and service fees.Of course, all of this is based on the information you provided and should not be construed as legal advice. To get a legal opinion, you will need to consult an attorney who can review the contract.

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Answered on 6/02/98, 8:12 am


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