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[kabochan]

I looked at my bank account this morning before paying my [first evar!] credit card bill, and was idly lamenting how I had been feeling vaguely rich from not eating out for a couple weeks, and now I'm not feeling rich anymore. I figured it was all the bills I've been paying over the last week or so

Comments

[kilerkki]

An oral contract is still enforceable--especially if you can demonstrate that you relied on her promise to tear up the check by joining another gym. If she doesn't respond, talk to a lawyer.

[kabochan]

I sure hope I can find her phone number. For now I guess I just have to play the cursed waiting game. :(

Thanks for the advice. On the bright side, at least I could afford it.

[kilerkki]

On the brighter side, often just making the threat to enforce your legal right will cause the other side to bend. I really hope you can find her phone number, too. Can you call your phone company and check your record for the past two months?

Showing up at her door could be equally effective. XD

[chibidrunksanzo]

As a note, I think it's totally awesome to have a lawyer-in-training friend. ^_^

[isauraoktobre]

*hugs* <3

[eillwony]

Holy cow! If she doesn't respond in the appropriate (just, legal, honest...) manner, you know where she lives and we can get some of our Italian friends to pay her a visit...

[pudges]

If you need to talk to the lawyer I hope he can tell you when to call the cops. Oh. My. Gosh. Am I incredibly naive to hope she made a mistake and forgot all about who you are and what the check was for? Still stupid, but not downright stealing.... Hrm.

I probably would have neglected to stop payment on that check, too. There's a charge when you do that. Hopefully this won't be a very painful learning experience. *worried* *huggles*

[kabochan]

Am I incredibly naive to hope she made a mistake and forgot all about who you are and what the check was for?

That did occur to me. But I still think she deserves hefty blame for not tearing up the check right away when she promised to, which was - might I repeat - over a month ago.

Also, I did talk to the bank this morning, and they said there's a $28 fee for stopping a check. Ridiculous, perhaps, but when you're up against $500-? I just have never had to do it before, so I didn't know how to proceed.

[kogarashi]

I would still open a dispute with your bank if you can. Also, can you see if your phone company has any way to recover a record of text message communications? (I don't have any experience at all with texting, so I don't know if this works.)

For future reference, carry on all business conversations via e-mail, and hang onto the e-mails for a good while, just to keep a paper trail.

[kogarashi]

Oh, and as kilerkki said (paraphrased), an oral contract is still a contract. I know I can get in trouble if I violate an oral contract for commissions, so it should stand the same for your verbal agreement to buy/not buy her gym membership.