Is it normal to wonder what the point of a contract is if you can break one?

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Last year my roommate and I wanted to live off campus second semester (better $ deal and far less cramped), but she didn't haven any cash since she'd paid for the dorms with all her money. I'd been saving up for a new computer and bike since I have to get from Cambridge to Boston and back every day and it's a b-finish-the-word-for-yourself to wait on the bus down Mass Ave. I cashed out my savings--and I work two jobs while in school!--and paid for the first, last, and security deposit. But first, I got some legal advice, and paid an extra $300 for a local attorney to write a promissory note with payment schedule between us, and got this notarized (she signed it). She works at the same lab I do, so I know she earns enough for rent and repayments. Plus, I saw her new Ipad Pro...

She was late with the first payment, then stopped paying, getting angry with me for reminding her she owed money days before it was due. Recently I told her we'd have to go to small claims court to enforce the contract if she continued to refuse to pay. What she said back to me stunned me. She threatened to declare bankruptcy so she wouldn't have to pay me ANYthing back. On checking as many legal sites I could and MA state law, I am learning she's right. I'm like, are you fraggin' serious?

Anyone else ever deal with deadbeats who refuse to live up to a signed contract? If so, any of you left wondering what the point of a legally binding contract is if someone can just pay for bankruptcy and get out of the contract? Especially when the contract's between two people of equal financial worth (or lack of)?

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Based on 12 votes (6 yes)
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Comments ( 19 )
  • BlackyHancock
    8 years ago

    I think you should call her bluff on the bankruptcy angle.

    Declaring bankruptcy is not a decision to be taken lightly by anyone, as it can have long term consequences for the person.

    It's also going to depend on the amount she owes you. If it's a relatively small amount (e.g. $500 or $1000) is she really going to declare herself bankrupt and ruin her credit reputation for that amount?

    Take her to court sooner rather than later.

    Whatever the case, she at least sounds morally if not financially bankrupt.

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    • wigz
      8 years ago

      Well, plenty of bk attornies would say she should...

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  • Ellenna
    8 years ago

    The point of a written contract is that all parties have remedies if any of the others break the conditions of the contract. If you hadn't had the contract you would have great difficulty taking anything to court, which I suggest you do IMMEDIATELY so that there's a judgment on record if she makes good with the bankruptcy threat.

    I reckon she's bluffing and that you need to get tough with her legally.

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  • thegypsysailor
    8 years ago

    And now you know what people who do business with Donald Trump feel like.
    No seriously, let her declare bankruptcy. She will lose her credit, not be able to buy a car, house or even rent a nice apartment and much more, for 7 YEARS. And the whole time you can call her up and tell her all the great things you got because you have good credit.
    Plus, you could still get paid if you get a judgement by garnishing her wages through the court.
    Sue the bitch if she's that stupid, then you'll get the last laugh, even if you don't get any money.

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    • wigz
      8 years ago

      Bullshit. You can have a personal credit score in the 700's a year out of bk if you do it right. You obviously know nothing about credit scores or their importance these days, Mr 'I pay cash for everything' so get the fuck outta this.

      You're confusing personal bankruptcy (welp, I ain't payin y'all...or most of y'all) and Chapter 11 reorganization bk, which is what Trump did (reorganization, keeping the business open, repaying creditors)

      What exactly can you provide as proof his investors and creditors have been stiffed? Can't provide it? Then shut up.

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    • AB1234
      8 years ago

      Thanks for the rancor (directed at her), Gypsy. I'm determined to go to court as soon as I can find a lawyer I can afford. Even if I don't get the money back, at least I won't feel like a doormat. I'd regret that for many, many years. Besides, I think on my future taxes I can get a kind of rebate for bad debt (and a bankruptcy would certainly count from what I've read).

      Anyways, just wanted to thank you for the moral support. ;)

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    • TRUMPNATION-2016
      8 years ago

      judgment*

      Learn to spell, dummy !

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      • thegypsysailor
        8 years ago

        Oops, you certainly do seem to be emulating dumb Donny, by shooting off your mouth before checking your facts.
        noun: judgement
        judgement has gained ground over the last couple of centuries and is now nearly as common as judgment.

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        • TRUMPNATION-2016
          8 years ago

          The correct spelling is JUDGMENT.

          You can always tell who is illiterate when they spell it like you do !

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          • thegypsysailor
            8 years ago

            Read, don't write. You'll learn more that way!

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            • TRUMPNATION-2016
              8 years ago

              You ought to take your own advice, you've written more than anyone on this site--practically all you do everyday is write on IIN all day long

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  • wigz
    8 years ago

    The point of the contract is that there is an established agreement and if one party doesn't hold up, you have the legal 'leg up' and can easily sue the other party and have access to a few recourses in collecting your award. Unfortunately...or fortunately for them...some people are 'judgement proof'. A win in court is generally valid for years and can be extended on request and often within a decade or so the other party's financial state will change and you can garnish wages or take their car.

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    • AB1234
      8 years ago

      Hey, thanks for the advice. I hope you're right. I totally see her declaring bankruptcy, even though we're both just sophomores. I mean, in seven years she'll be in her mid-twenties and probably still in school, so what does she have to lose? I think that's what you above called "judgement proof."

      I learned a really important lesson about US contract law: unless you have tons of money to make a case worth attorneys' time, or the contract is secured with collateral, you shouldn't lend money you can't afford to lose. I read tons of websites with horror stories about lending money to friends and family. I'll never lend again unless I can afford to give it away.

      Thanks, again, for the "legal 'leg up' " and "judgement proof" comments!

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      • wigz
        8 years ago

        Well, it would cost her a few hundred $$ at least just to file so she might not find it worth it.

        If I were you, I'd just go ahead and file a small claims case. You don't need a lawyer and the filing fee is small. It's very simple and casual. If everything you said here is true I can't see how you'd lose...and if she doesn't even show up (happens a lot), you should win by default. Then take your judgement, file it and use all of the tools available to try to collect.

        If you do nothing you definitely won't get repaid so might as well sue her. Just my opinion.

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  • Fenrirr
    8 years ago

    it's called a CONtract for a reason ;)

    seriously though secretly record her threatening bankruptcy because she doesn't want to pay you, then threaten her with the voice recording. reverse blackmail, should get you back in control and shutting her up.

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    • AB1234
      8 years ago

      HA! I like that one! All I have are text messages, though. But She owes me just over $9K, so maybe too much for SCC after all.

      I like your expression: "CONtract." Yeah, I'm keeping that one. Thanks!

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      • Fenrirr
        8 years ago

        no probs bro. text messages should do if she does actually try to go through with it, although she was probably just bluffing to avoid paying you.

        hope you get your money back though, she sounds like a bitch :p

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