small claims help needed... verbal agreement proof?

[diazhec]

Hi,

I was recently married and my husband had applied for credit for furniture for his ex girlfriend prior to us dating(while they were dating). He put the furniture in his name(and credit) and she agreed to pay. She was paying for a while and then she refused to pay once they broke up. She lived in a separate house so he did not know of the delinquent payments until they came up on his credit report. My question is - how does one prove a verbal agreement to pay in small claims court and should he even attempt to file the claim against her for the $1800 she still owes?

Thanks,
M

 

[Michael Wechsler]

Other facts can reveal the presence of a verbal agreement. To begin, he has proof that he paid for furniture -- was it delivered to the ex's house? If so, that would seem proof of a loan, especially in light of your marriage. Come to court with a record of what has been paid and exactly what is outstanding.

I would go to court and you have little to lose and everything to gain. You may want to send a demand letter first, certified return receipt, demanding the payment for the specified outstanding balance. Go to court with the letter if she does not pay within a certain number of days that you should specify within the letter.

Originally posted by diazhec
Hi,

I was recently married and my husband had applied for credit for furniture for his ex girlfriend prior to us dating(while they were dating). He put the furniture in his name(and credit) and she agreed to pay. She was paying for a while and then she refused to pay once they broke up. She lived in a separate house so he did not know of the delinquent payments until they came up on his credit report. My question is - how does one prove a verbal agreement to pay in small claims court and should he even attempt to file the claim against her for the $1800 she still owes?

Thanks,
M