Reference no: EM133562457

Question

On June 22, 2017, Ms. Wang and Mr. Allingham purchased a 2016 Nissan Rogue (hereinafter the "Vehicle) together. They then entered into an agreement on May 15, 2018, where Ms. Wang surrendered her interest in the Vehicle in exchange for the sum of $13,000.00, payable to Ms. Wang by Mr. Allingham. Mr. Allingham passed on April 7, 2023, and prior to that date, despite having the opportunity, Ms. Wang did not make any attempt to collect the debt. Ms. Wang disclosed that upon opening the joint account (Account Number: 40964 03250 23) in May of 2017, Mr. Allingham was expected to make payments into the account to pay off the debt. The following payments were made from Mr. Allingham's personal account to the joint account:  May 23, 2017 - $600.00 June 21, 2017 - $1000.00 August 7, 2018 - $1000.00 Despite continued contact with Mr. Allingham, there were no additional payments made nor any action taken to collect the debt prior to Mr. Allingham's passing. As such, the last payment made under this agreement was on August 7, 2018. Can mrs wang still file for a claim in the small claim court to receive payment ?