Legal Question in Civil Litigation in Tennessee

Written Contract

I have a question. My ex-girlfriend and I were together 5 years. About halfway through the relationship I was unemployed and she was using my car and we were using my credit cards. She agreed she would help take care of part of the credit card debt. The car broke down here while she was using it to drive back and forth to work. The engine had to be replaced and she agreed off and on that it was her fault. Anyways, when it became apparent that we might part ways at any time in the near future we agreed on an amount that we both felt was fair for her to repay me. I wrote up a contract using advice from an online source and we both signed it. It was not notarized and there were no witnesses present. We are now no longer seeing each other and she feels that she does not owe me the money because she ''didn't read it'' when she signed it or because she feels she has paid me back in other ways even though the contract stipulates that the sum owed is outside any and all outside considerations and I have never told her that the debt was, in fact, settled. Would a written contract between 2 individuals as described above be binding in Tennessee?


Asked on 2/19/03, 9:07 pm

2 Answers from Attorneys
Marshall Snyder Law Office Of Marshall Snyder

Re: Written Contract

A written contract is enforceable in Tennessee so long as there is no fraud or collusion. You have described a complex fact patttern with an ex-girlfriend who is probably going to raise defenses to the contract. The amount involved is not stated and the amount should determine how seriously you intend to pursue the matter against her.

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Answered on 6/23/03, 11:01 pm
James R. Becker, Jr. Becker Law Firm

Re: Written Contract

Without having read the contract, the answer is probably yes. You can either file suit in general sessions court to sue for breach or consult with an attorney and see if this is a matter you would need an attorney to handle for you. Usually, it is best to consult with an attorney prior to initiating any legal action.

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Answered on 2/20/03, 10:20 am


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