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  #1 (permalink)  
Old 05-20-2008, 11:59 PM
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Angry what should i do about writing a contract for money to be paid back?

i lent my roommate money for some stupid things. And i want to write out a contract asap, and get it notarized. I am just wondering as to what specifics i need to put into this contract, because she owes alot, but its not really alot like woah i have money to blow on you, but i do need my money back, she has paid me in an unconventional way, but i plan on moving and want this done so she cant get away with it. I also was dumb enough to let her use my store credit card, to which she hasnt paid up for months, and i cant make the payments for her, i dont have the money for it.
I know i can call and get that in control by setting up payments with the financial corp, but can i do this and add it into the contract too?

and can i add interest of anything if i wanted?
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Old 05-21-2008, 10:50 AM
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Originally Posted by icarus10 View Post
i lent my roommate money for some stupid things. And i want to write out a contract asap, and get it notarized. I am just wondering as to what specifics i need to put into this contract, because she owes alot, but its not really alot like woah i have money to blow on you, but i do need my money back, she has paid me in an unconventional way, but i plan on moving and want this done so she cant get away with it. I also was dumb enough to let her use my store credit card, to which she hasnt paid up for months, and i cant make the payments for her, i dont have the money for it.
I know i can call and get that in control by setting up payments with the financial corp, but can i do this and add it into the contract too?

and can i add interest of anything if i wanted?
The difficulty is going to come in when you ask her to sign something AFTER you lent the money. If she hasn't paid, you can bet she isn't going to sign something agreeing TO pay and allowing you legal recourse if she does not.

You are trying to close the barn door after the horse is gone.

You can try, but I don't think she is going to sign anything. If not, take her to small claims court and sue BEFORE your credit is ruined. Send her a registered letter, informing her she has thirty days to pay and that after that time you will sue. And do it.
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Old 05-21-2008, 07:16 PM
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well she has been paying me back in an unlikely way for me, but its something, so would it still be good to try. i mean i have a backup plan, that could possibly ruin her. or will for that matter, so i cuold resort to that.
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Old 05-21-2008, 09:16 PM
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well she has been paying me back in an unlikely way for me, but its something, so would it still be good to try. i mean i have a backup plan, that could possibly ruin her. or will for that matter, so i cuold resort to that.
I havent a clue what you are talking about. If you are talking about her 'sleeping it off' (i.e. sleeping with you to pay her debt), or some other suggestion of illicit activity, there is a word for that---prostitution. And if you are talking about "ruining" her ( presumably, telling her boyfriend, co workers, classmates, etc. to ruin her reputation) then this money you are owed is the least of your worries. I hardly think you could "ruin" anyones life---but knowing that you say you would if you could reflects poorly on YOUR character.

Last edited by GentleGrace : 05-21-2008 at 09:35 PM.
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Old 05-22-2008, 07:42 AM
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well its unconventional, and im a girl. not a lesbian. if you need to know specifics, she takes 100 off rent, but its not money in my pocket since, the rent went up. so i need to know what i should, do not have you presume things.
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Old 05-22-2008, 12:34 PM
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well its unconventional, and im a girl. not a lesbian. if you need to know specifics, she takes 100 off rent, but its not money in my pocket since, the rent went up. so i need to know what i should, do not have you presume things.

"If I need to know specifics"? LOL My dear misguided one, this is a LEGAL forum where details are paramount. The accuracy of your question is directly related to the accuracy of your answer. You are going to scold me when YOU aren't even equipped with enough forsight to have paperwork signed BEFORE offering money to a room mate you think so little of that you would be willing to "ruin her" if given the opportunity? Aren't you just a model citizen!!

You come into a forum such as this, asking people to assist you when you have done stupid things--you provide NO details , offer ambiguous statements that mean nothing, then expect a solution to your own stupidity and poor judgment.

If you don't want people to presume, fill in the blanks yourself and ask the question in a cohesive manner. You never mentioned she was your landlord--you called her your room mate---how does your room mate have the authority to reduce your rent? Is she simply paying it to your landlord herself, or is she the landlord? And, if she is giving you a hundred dollars OFF your rent in lieu of payment, that agreement supercedes your original agreement to pay. Reread until you understand. You accepted the terms of the second agreement, so the first verbal contract is invalid regarding the terms of repayment. Understand? A hundred dollars is a hundred dollars---unless she purposefully raised the rent--there are dozens of possibilities that could be the correct answer to your question but since you haven't even mentioned the state in which you reside. Each time you post, you offer more unclear details that result in even more speculation.

Realize that your accepting the verbal agreement to receive a reduction in rent SUPERCEDED ( takes precedence over, renders the previous agreement invalid) the verbal agreement you had for her to repay you in cash, making the second agreement the one that the court will uphold. So, as you can see, your "new" details you slathered on in a jumbled mess changes the legal answer to your query. This means you cannot, as a matter of law, expect her to sign something upholding the original agreement since you both agreed to change the terms ( reduction in rent ). Understand?

As far as "ruining her"? Well, again, that speaks to you character and your lack of regard for friendship as well as your inherent bent to be prejudicial and unfair. Also, you decline to explain the term "ruin her", so I can only assume, but be advised that malicious behavior, such as harassment, slander, or libel IS actionable under the law--and it may be YOU who is the one paying and not her.

Don't like assumptions? Be clear.

Or solve your problem yourself. * shrug *
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Old 05-23-2008, 03:21 AM
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ok, well she started off with her being able to pay 100 a month at least. so since she did that, she asked if it would be better as far as just taking it out of rent. BUT seeing as to how i will be making only one more payment of rent? how does that ensure the rest of my money? I will be moving away and have ways for her to get me the money, and seeing as to how she might be moving from the current place as well, how can she repay me for something neither of us live in?

This is why i need a contract, or something of the sort. i am moving and so is she, i need something for me to know that she will keep her word to paying 100 a month.
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Old 05-23-2008, 05:22 AM
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ok, well she started off with her being able to pay 100 a month at least. so since she did that, she asked if it would be better as far as just taking it out of rent. BUT seeing as to how i will be making only one more payment of rent? how does that ensure the rest of my money? I will be moving away and have ways for her to get me the money, and seeing as to how she might be moving from the current place as well, how can she repay me for something neither of us live in?

This is why i need a contract, or something of the sort. i am moving and so is she, i need something for me to know that she will keep her word to paying 100 a month.
Unfortunately, you are incorrect.

Let me try to explain again. You AGREED to a rent reduction. Unless you said, "Ill accept the rent reduction until I move, then you have to start paying again", you are entitled to the rent reduction until you move, and not after that.

You cannot expect ( although you can ask ) her to sign something, but be advised, she doesn't have to. You have the cart after the horse. You should have had a signed agreement BEFORE, but, since you did not, your verbal agreement is the basis. Sadly, your verbal agreements have been unclear and imprecise. If you knew you were moving, perhaps a rent reduction wasn't the best thing to agree to. It would seem she has you over a barrel, so to speak. When she proposed the rent reduction, you had yet another opportunity to identify potential risks to your being repaid ( such as one or both of you moving) so it obviously was unwise to agree to those terms ( unless specific agreement was made to continue paying or revert back to paying cash after you both move.

Bottom line--is what you can prove. Per your own admission, a court hearing would deteriorate into a he said she said--or in this case, a she said, she said case. Ask her to sign a note for the balance. If she does not, taking her to small claims and winning (since you cannot revert back to the first terms of agreement which is more favorable to you, obviously) is very slim.

Good luck.
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