Received a summons for small claims ct. for breach of contract. Issue involves a personal loan from a friend. The amount is $7500 and the agreement was oral - nothing in writing. I have made monthly payments for the past 8 months, in varying amounts. Now the loaner wants to sue, he contends I breached by not sticking to the original amount of the agreement which was $$200 per month. He has accepted every check I've sent, no matter what the amount has been. The amounts have varied from $125-200.
Does he have a case and how would a judge rule? Would I have to pay the balance in full if I'm found in breach? Thanks- Georgia