Legal Question in Credit and Debt Law in Georgia
2nd party renegotiated contract w/o consent
My son did a friend a favor and let her buy a new sofa using his credit because hers was so bad. The sofa is at her house, the bill is in his name and comes to our house monthly. She was suppose to make the monthly payments. For the first few months she did, and then she stopped. Every month a late charge has been added until now the total is more than the original. He called her and threatened to come and get the sofa if she didn't pay for it. Now we have found out that she went to the store and renegotiated the terms of the contract with a promise to pay $50.00 each month. She did pay that for one month. Now he is getting bills for $50.00 every month and once got a letter from the home office stating that he had (on a certain date)promised to pay this amount. One day when the manager of the store called here for my son, I told him that he wasn't here, but that neither was the sofa,and gave him the address where they could pick it up. He told me that he couldn't discuss my son's account with me and yet he not only discussed it with this other person, he actually allowed her to change the terms of the contract that my son agreed to. What can my son do about this situation? Thank you for your help.
1 Answer from Attorneys
Re: 2nd party renegotiated contract w/o consent
The real issue is that she is not paying, regarldless of the amount of the payments, and he is liable for the debt. The best thing he can do, in terms of his credit, is pay it off and then make her pay him, file suit against her, get the sofa, or a combination of the above. She can't change the terms of his contract, but at this point, if it is in default they can likely demand full payment anyway. The bottom line is getting the debt settled.
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