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Marsha411JD
Marsha411JD, Attorney
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Experience:  Licensed Atty, 27 yrs exp in the practice of law.
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In Colorado, wrote a contract between my son and myself for

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In Colorado, wrote a contract between my son and myself for payback of a small loan, $500. The contract also stipulated that he see a dentist every so often to take of care of his teeth. I paid $5000 to fix a mouth full of cavities.
He has failed to see a dentist and payed a little on the loan then stopped borrowed a little more then payed a little. He currently owes $300. Contract dated 9/12/12.
Written contract states he pays $100/mon and pay back the entire $5000 if he fails to see a dentist and fix any small cavities that may have appeared.
Can this contract be enforced in small claims. Can I get a wage assignment to recover the money borrowed and the cost for teeth repair?
Submitted: 10 months ago.
Category: Legal
Expert:  Marsha411JD replied 10 months ago.
Hello,

Thank you for the information and your question. Assuming that your son was 18 years old or older when he signed the contract, then you could file a small claims court suit for any unpaid balance of the $500 that is owed according to the monthly repayment schedule and expect that the court would like grant you a judgment in your favor. However, unless your son stands up in front of the judge and says he agrees that he violated the dental visit part of the contract, there is very little chance the court will award you the entire $5000. The reason is because the courts aren't in the business, and don't want to be, of deciding when has or should have gone to the dentist or doctor or whatever or determining what "every so often" and proper care should be. That is just not an enforceable part of the contract. Your choice is to either loan him the money, or pay for it outright, without any guarantees that he will take care of his teeth any better.

As a mother of a son that I had to bail out of financial issues more than once, I can certainly understand your frustration, but as far as the courts go, they won't get involved in policing those sorts of provisions. However, as I stated, the outright loan and payment schedule can be enforced and if he has breached that, then the court will give you a judgment. That said, you cannot get a garnishment order unless and until your son refuses to pay the judgment. Then, once he fails to, you would have to go back to the court and ask for a wage assignment/garnishment order.

If might be simpler, I don't know, if you get your son to sign up for an automatic payment to you now, rather than go to court. However, you know him and I don't, so if you think the court option is the better way to go, then that is open to you.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 16588
Experience: Licensed Atty, 27 yrs exp in the practice of law.
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