In need of advice, please help. :(

[cassie]

after hearing that........... I would say pay only what you owe him per the agreement. It's not up to you to fund him so he can go FIND himself. He's making those decisions, it wasn't forced on him via getting fired, if he quit the job. Do not put your family out on a limb because he's using you to fund his decisions. Since he is the lean holder, and he agreed to allow you to delay payment, I can see why you feel obligated, but that again was his choice, it was out of your control, and you have been responsible through the whole situation. Nah, pay what you can, but don't do any more than that. IF he pressures you to pay more or else... if you don't have a legally binding contract it in writing, then it doesn't exist and you owe him nothing and I'd feel free to tell him that! The only thing that keeps you paying him is your own good conscience and integrity. and yes, lesson learned!

Umm. You are right to a point. But contracts do not have to be written. It is better if they are, but oral contracts are legally binding and enforceable. Don't believe me? Go spend some time in small claims court. However, as you said, the OP is fulfilling her contractual obligations the terms of which were mutually agreed to. The lender may not like it, but he agreed to the terms. It is not her obligation to bail him out of the mess he got himself into. That's his problem. She shouldn't make it hers. You are so right on that.

 

[Coop Deville]

Some oral contracts are not enforceable. There are several types of contracts that are covered by what is known as the statute of frauds. "Fraud" is not used in the literal sense here -- it just means that to be enforceable, the contract must be in writing.

 

[cassie]

Some oral contracts are not enforceable. There are several types of contracts that are covered by what is known as the statute of frauds. "Fraud" is not used in the literal sense here -- it just means that to be enforceable, the contract must be in writing.

An oral contract is enforeceable, as long as it fulfills the qualifications of a contract. There must be an agreement in terms, and in the case of a loan there must be an expecation of repayment and also when and how the repayment should take place. For instance, if I borrow money from you and the agreement is that I will repay you "when I get back on my feet" that is probably not enforceable. If I say I will pay you back when I get my tax refund, and I do in fact receive the refund, it is enforceable. If I do not receive the refund, it isn't until I do. If the contract is for an illegal service it is not enforceable.

 

[LadyofChickRose]

Have you tried selling some assets yet? You could try to scrap extra metal or you could try to turn in some soda cans. If you have extra stuff in your garage that you don't need, sell it. I bet you have tried this allready but I'm just trying to help you make ends meet. Hold a bakesale if needed.

 

[cassie]

Have you tried selling some assets yet? You could try to scrap extra metal or you could try to turn in some soda cans. If you have extra stuff in your garage that you don't need, sell it. I bet you have tried this allready but I'm just trying to help you make ends meet. Hold a bakesale if needed.

The OP is already fulfilling her part of the bargain. The hole her lender is in is one he dug himself. She is doing the best she can under the circumstances. He needs to do the same. And quite frankly, the amount of money the OP owes him is not going to solve his problems.

 

[LadyofChickRose]

Your're probably right about the lender needing to find a job, but a 100 dollars a week? She needs the extra money with or without the guy wanting to collect his money that she owes him, it could help pay for her next meal. She could probably get herself at least few hundred more if she started the Scrapit plan.

 

[Peachesneggs]

This is or WAS a friendship. STAY POSITIVE! PLEASE DO NOT SAY YOU ARE HONORING YOUR WORD AND HE SHOULD HONOR HIS! Continue sending ALL you can and more anytime you have it. Continue to explain to him about your circumstances and EMPATHIZE with him. Never send THINGS. That is, at least $10.00 you could have sent. Is this a lone man or a family? There are MANY missions in AZ that give food and shelter to the homeless, be they a single man or families. Are YOU and your family connected to a local church? Is he? I don't know what your world view is or what his is, but a local church is a wonderful addition to your "network", just like family. When people in MY church find themselves in hard times, we ALL rally round them and find ways to help. We supply weekly groceries, babysitting so parents can work, loaning of a car or personal "taxi"service, work in exchange for groceries. I have a "RELATIONSHIP" with the Creator of the world. I have chosen to affiliate and align myself and worship with like minded and heart directed people, i.e. my local church family. Go through your kids toys, your kitchen, your wardrobe, the plants in your yard, the seeds you have saved, the eggs you collect; what can you do without? What can you sell? Your husband is out of a job? Can he find something to do? Is he handy with tools? Are there barns and stalls he can muck out for pay? What "services" can he barter in exchange for groceries? This is hard! I know, I've been where you are, (except it was a very sick child instead of me) but you CAN get through this and you CAN make every effort to bring your friend along with you as you and your friend find your way THROUGH.

BLESSINGS to you, your family and your friend. Keep us posted here. Your backyard chicken family cares about you.

 

[Peachesneggs]

WOW! When I posted this, I saw a post that leads me to believe he quit his job. YOU are still morally obligated, I believe, to still repay him, but he may just have to wait. Do all you can, but all you can do IS all you can do.

 

[Coop Deville]

An oral contract is enforeceable, as long as it fulfills the qualifications of a contract. There must be an agreement in terms, and in the case of a loan there must be an expecation of repayment and also when and how the repayment should take place. For instance, if I borrow money from you and the agreement is that I will repay you "when I get back on my feet" that is probably not enforceable. If I say I will pay you back when I get my tax refund, and I do in fact receive the refund, it is enforceable. If I do not receive the refund, it isn't until I do. If the contract is for an illegal service it is not enforceable.

Again, most states have what is called the statute of frauds, which means that some oral contracts, including ones that would otherwise qualify as contracts, are not enforceable unless they are not in writing. In other words, there can be an agreement as to terms, timing of performance, and everything else you would expect in a contract, but if it's not in writing a court won't enforce it. Two friends could meet up and discuss everything about the agreement from soup to nuts, shake hands, state to each other that it is a fair and binding contract, but if it's not in writing there is no way to enforce it legally.

 

[cassie]

Again, most states have what is called the statute of frauds, which means that some oral contracts, including ones that would otherwise qualify as contracts, are not enforceable unless they are not in writing. In other words, there can be an agreement as to terms, timing of performance, and everything else you would expect in a contract, but if it's not in writing a court won't enforce it. Two friends could meet up and discuss everything about the agreement from soup to nuts, shake hands, state to each other that it is a fair and binding contract, but if it's not in writing there is no way to enforce it legally.

You obviously haven't sat in on the same small claims courts I have. I have seen oral contracts enforced and judgements levied in small claims on oral contracts many times. Maybe it is different if the amounts in dispute are large enough to require settlement in a regular court,