bgronewald
New Member
I had a personal agreement with a use to be friend who was selling her Tahoe because she could no longer afford the payments due to personal issues. We both agreed that I would take over payments of $375 a month plus insurance. For my personal benefit to get the vehicle paid off faster I offered to pay $600 a month to her for the vehicle and insurance. Also, if I could afford it, I would pay an extra $100 at the end of the month. So I made a payment calendar and marked the weeks that she would be accepting a payment from and the amount. A contract was drawn up, where in the contract it stated that I would pay $600 a month until the truck was paid off and then it would be signed over to me. We both agreed and signed the contract after reading and making any adjustments that either party felt should have been made on August 7th, 2009. On that day I also made my first payment of $300 towards that month. For I only got paid $320 every week, I was to make $300 payments twice a month before the due date. The following week on August 14th I made a payment of $210 due to having to make a cell phone payment, I asked her if that was okay and she stated that was. That following day that I made the payment herself and I were over at her brothers house sitting around discussing things about this vehicle. Her brother made a statement of why I don't just pay $150 every week so that way I have money to go on. Her and I both agreed that that would work. She stated "I do not care how much you give me per week as long as I get the $600 a month." Since we verbally agreed that I would start making $150 every week which would then equal to $600 per month, the previous written payment calendar was not longer in effect due to the new verbal agreement. August 14th was the day that the vehicle become in my possession. Starting the first week of September instead of giving her $150 I was giving her $200 every week, which only lasted the two weeks of September due to her deciding that I supposedly was not keeping my end of the deal and paying $600 a month which then in the middle of the night she came and took the vehicle after we has discussed her receiving another payment the next day. So here is the deal if you are with me yet. I signed an agreement/contract stating that I would pay $600 per month towards this vehicle. This vehicle became in my possession on August 14th, 2009. August 7th I made a $300 payment, August 14th I made a $210 payment, which yes I do agree with her when she says that I still owed $90 for that payment, September 3rd I made a $200 payment and then September 10th I made a $200 payment. Which is when the truck payment was due. The next week I had plan on paying another $200 but she was out of town until 10 p.m. that Sunday which then she contacted me wanted me to get out of bed after already waking me up since I had to get up and go to work the next morning and bring her the payment. I let her know that she would receive it tomorrow after I got off of work. In the middle of the night the vehicle was repo'd along with my possessions that was in there. I had personally installed a radio system that was previously mine prior to this arrangement that she is now not giving back to me. I was never late on a payment and was paying actually extra. Do I have a case in small claims. As far as I see it she was behind 2 payments when I took over the vehicle which she stated was her responsibility in paying and what ever I paid her would go towards the new payments. I believe that she only wanted me to catch them up and had intentions of taking it back. When I had my radio installed she stated to me that she has always wanted a radio system like that but her husband would not allow her to have one and now she will not return my belongings. I agreed that I would pay $600 a month correct, I had the vehicle in my possession from August 14th – September 20th and in the time I paid a total amount of $910.00 to her for this vehicle and which I feel like I kept my end of the contract do I have a case in small claims to take her to court. All I am asking for back is my radio system and $150 due to them taking the truck after I just made the truck payment for them and there was no grounds in repossion other then her wanting it back. Do I have a case???