What do you need to suefor asmall claims case for breach of a non-payment agreement?

I put the down payment on my ex-boyfriend’s car several months back with the guarantee he would pay me back. He paid me some back but still owes me around $1200. I had not seen a dime since we broke up, so I e-mailed him to let him know I was considering taking this to court. He e-mailed me back with a payment plan that specified how much he still owes me, when each month he’ll pay me, and how much I can expect each payment to be. Time has come for my first payment from him and he hasn’t paid me. Do I have a case?

Asked on August 25, 2011 Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If somone had an agreement to pay money (e.g. repay a loan) and has violated that agreement by not making payment in full on time, you may sue him. Based on what you write, you would seem to have a case: the elements of a case are 1) proof of the agrement; 2) the terms of the agreement; 3) evidence that the agreement was vioalted. Evidence can be provided by a contract, promissory note, other documentation (such as emails, letters, text messages, etc.), bank statements, testimony, etc. It seems from what you write that all the elements should be there; the fact that you have an email from his acknowledging what he still owes you should be very helpful to you. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.