What can I do if my friend recently wrecked my bike and we signed off on a contract for her to pay me the amount of the bike but now she has stopped paying?

She made the first 2 payment but then decided to back out of it. We have a contract that she drew up what are my chances of winning in court?

Asked on November 16, 2015 under Business Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you have a written contract for her to pay for the damage she did to your bike and she has violated the plain terms of that contract by missing payment dates, you should have a good chance of winning. You could sue her for breach of contract: your case would be to first show that she wrecked your bike and you agreed to let her pay over time (since you could have demanded payment in full at once or else sued her, letting her pay over time is a benefit which provides "consideration" to bind the contract); then the terms of the contract; then the payments she did make, plus the ones she missed.

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