Idaho Breach Of Contract Legal Questions

In New York, by executive order of our governor, all time deadlines for lawsuits have been tolled until at least May 15.  I don't know if the same is true in Idaho, but you should check online.  If not, or if you can't find anything, you should contact the clerk of the court and ask for help with your issue.... Read More

Unless your contract gives you the right to repo the car before you have a judgment you can’t do it.  You can sue for breach of contract, and after you win there are ways to use the debtor’s assets, including the car, to make sure you get paid.  Until and unless you win a lawsuit, however, you’re just a person who claims that someone else owes them money. ... Read More

The suit is not enough.  You would need a preliminary injunction enjoining the sale pending the outcome of the litigation, and in NY (I don't know about Idaho), small claims courts don't have the power to issue injunctions.  You'd have to sue in a court of general jurisdiction, make a motion for a preliminary injunction, and obtain a temporary restraining order enjoining the sale pending a decision on your preliminary injunction motion.  The terminology may be slightly different in Idaho, but that's the basic idea.... Read More

If there are no other relevant facts beyond what you've stated in your question, you have a very good case for breach of contract, but you have two problems.  First, since you drafted the contract yourself, you probably didn't know to include what is known as an "acceleration clause", i.e. a clause that provides that if the borrower defaults on any payment, the full amount will immediately become due.  This allows a lender to sue once for the full amount, rather than having to sue over and over as each payment, or a few payments, is missed.  Since you probably also neglected to include a clause that provides that the borrower is liable to pay all costs of collection if there is a default, including attorneys' fees, it can be very expensive, not to mention time consuming and annoying, for you to have to sue the borrower multiple times.  The second problem is that your loan is unsecured, that is it is not like a mortgage, where the loan is secured by real estate and if the borrower can't pay the lender can get his money be having the real estate sold.  You can sue and get a judgment against the borrower, but if he doesn't have the money to pay the debt, you may never be able to get your money, or it may take a long time and a lot of collection efforts, such as garnishing the borrower's wages, to collect.... Read More