She owes lump sum, wants to make pymnts...

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guitarist

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My jurisdiction is: TN

I loaned someone $3,000 for a down pymnt on a house, and our verbal agreement was that she would repay, in full, immediately after closing becuase she was going to refinance. Now I get the sob story, and she wants to pay $50/month, which I DO NOT agree to or accept. She's already mailed two $50 checks to me -- what should I do? I'm planning to get a judgement against her, but in the meantime, should I cash the checks, tear them up and send them back, send them back intact with letter (registered, certified, etc.)? Not sure what to do -- but I want to make sure I do the right thing to win the judgement against her. She did write a letter with the first check, where she admitted owing the $3,000 and not being able to pay it in full as we had agreed.
 
Do they say "paid in full?" I doubt they do. From my knowledge I don't think there is anything wrong with cashing them and going after the rest. If it were me I'd write a nice letter and say that I was kind enough to lend the money based upon the guarantee it would be paid back immediately after closing. If she couldn't afford the down payment she shouldn't have made it and that you shouldn't be financing the house, interest free for her. You aren't the free bank at the corner. Remember that once you go to court, your relationship changes. Yes, send the demand letter certified mail along with the confirmation that she owes you $2,950. If it were me I'd say that she should consider herself lucky that you didn't do this earlier but now needs to figure out a way to save your friendship and also the need to prevent your obtaining a judgment and a lien on the home. Good luck.
 
Thank you very much -- actually, the reason I posted on this site is because my regular attorney is extremely busy and out of town a lot, and I was looking for a fast answer. As it turns out, my attorney did get back with me on this before I received your answer, and I'm happy to say that the two of you gave just about identical responses.

Thanks again for your help -- I appreciate it very much.

Take care & have a great day! :)

Pete Dodge, Owner
Nashville Coin Gallery, LLC
330 Mayfield Drive, Suite A-14
Franklin, TN 37067
(615) 764-0331 (Store)
(615) 832-9904 (Cell)
 
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