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TexLaw
TexLaw, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I sold some personal items to a friend, we have a verbal agreement.

Customer Question

I sold some personal items to a friend, we have a verbal agreement. I have asked her to make payments (since I have already given her the items she agreed to buy). Her boyfriend has emailed me saying he will file a no contact order on me if I ask her to make payments, and that she will contact me when she is ready to make payments. can he do that?
Submitted: 1 year ago.
Category: Legal
Expert:  TexLaw replied 1 year ago.
Hi,

Thank you for your question.

You have every right to try to collect on the money owed to you. However, your collection efforts can cross the line to harassment if you are doing the following:

1. Causing the phone to ring an unreasonable amount of times a day

2. Leaving any sort of threatening messages

3. Calling at odd hours, like before 8 am and after 9 pm

If you are doing these type of things, then you need to stop. It is possible that they can request a "no contact" order from the police, but you will have the opportunity to plead your case.

How much money does she owe you, if I may ask?

Have you thought about simply suing her for the money?
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4266
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 11 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

We agreed upon $1,000.00. I haven't called her, just sent her two short text messages asking her to contact me so we could resolve this issue with the unpaid debt, and that if she refused to contact me and refused to make a payment I would have no other choice but to go to small claims court. That is how he says I am "harassing her and causing stress to her and her unborn child"

Expert:  TexLaw replied 1 year ago.
That's ridiculous. There is no way that they are going to get a "no contact" order based on those facts.

You have to do something criminal or potentially criminal to justify the court to issue an order against you like this. In this case, you are simply trying to collect a debt. You can continue to do this. However, I think you should proceed to filing the small claims suit.

Do you have anything that establishes the value of the property you gave her other than your own testimony about the verbal agreement?
Customer: replied 1 year ago.

I have the old receipts for the items I sold her, but those show a higher value than what we have agreed upon. If I can have my phone company send me all of my old texts with her the amount is in there.

Expert:  TexLaw replied 1 year ago.
If you have a text from her stating that she agrees to $1,000, then you are solid as far as evidence goes. The text, combined with the receipt and your testimony, will be enough to easily win a small claims suit.
Customer: replied 1 year ago.

Alright, last thing. I don't have her current address. Do I need all of that to file a claim?

Expert:  TexLaw replied 1 year ago.
Yes you do. That might require some Private Eye work on your part to track her down.

If you know where she or her husband works, its always possible to wait outside and then follow them home in order to get their address. I've had to do that a couple of times myself on cases I've filed.
Customer: replied 1 year ago.

Alright thank you.

Expert:  TexLaw replied 1 year ago.
Best of Luck. I hope this has helped.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN

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TexLaw
TexLaw
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Lead trial/International commercial attorney licensed 11 yrs