[joshcore]

entered into an oral contract with my girlfiend (now my ex) in Aug over 2 beds I put on my credit line after she was denied when her credit was run. We had an agreement of $80 dollars a month (that she would be paying) after the bed salesman showed us how much to pay to avoid the interest before a full year (12 months same as cash). it has been 6 months and no payment has been made and she is changing the wording to the agreement saying she ''never said she'd be paying $80 dollars a month but that $80 dollars a month was do-able'' (which according to her are two totally different things. I knew about her debt at the time but her financial situation changed dramatically [way more debt now]).

On one occasion she sent me a text message saying she would have the beds paid in full by Oct 22, 07. But a week later she told would not be able to. The beds aren't due till august, but she has thousands in debt and I won’t wait until interest starts to accrue in august and my credit is ruined; she has given me enough indication that she will not come up with this money out of the blue one day. I’ve given her many chances and have threatened to take the beds back OR take her to court (her response: I can take her to court in August when the beds are paid for); do I have a case and an upper hand?

what should i be prepared for in her defense if we do go to court? they weren't a gift and i don't see why i should have to pay for them if they are out of my possession. i have documented every oral discussion (regarding the beds) we have had since we bought the beds. is this considered anticipatory breach of contract (since she has given me indication the beds won't be paid for by august 18), or is just breach of contract because she hasn't followed through with the original $80 a month she agreed to?

[joshcore]

would it be ridiculous to get the salesman to be a witness at the hearing as well? they deal with so many customers so who knows if he might remember us. her and i both work together at a cruise company, and she recently took a cruise a month ago (so i know she has money to pay the beds). is there a way to order papers like that to show the judge?

[gigirle]

What state?
Are we talking about $960.00? This would be a small claims issue.
Oral contracts are just that...your word against hers. You have a text message proving that she agreed to pay by Oct 22 and she did not. If you feel she breached your original contract then file suit. Chances are she is not going to pay so if I were you I would make the payments so your credit isn't ruined and let the court decide if she gets to keep the beds and/or pay the bill. This is easy to do, call your county courthouse to see how much it is to file (usually about 50 bucks) and do all the paper work yourself. No need to get the salesman involved, chances are he won't.

[joshcore]

What state?
Are we talking about $960.00? This would be a small claims issue.
Oral contracts are just that...your word against hers. You have a text message proving that she agreed to pay by Oct 22 and she did not. If you feel she breached your original contract then file suit. Chances are she is not going to pay so if I were you I would make the payments so your credit isn't ruined and let the court decide if she gets to keep the beds and/or pay the bill. This is easy to do, call your county courthouse to see how much it is to file (usually about 50 bucks) and do all the paper work yourself. No need to get the salesman involved, chances are he won't.

california. i dont have the text message anymore actually, i deleted it, since i thought it would be non issue (i believed her). i assume if i start paying now the judge will assume i gave it to her as a gift so i will wait until we go to court. is it a possibility he would make me pay for something that is not under my possession? i guess it depends on how well i prepare my case, right? can text messages be subpoena'ed? how would i go about doing this? the only paperwork i have is me attempting to switch the address of the bill her to address (which she agreed to do once she moved into her own place), but i failed in doing so since she is not part of a joint account. i only have 3 bills, two were given to her, and one was sent in to change the address.