- This topic has 9 replies, 8 voices, and was last updated 10 years, 1 month ago by Anonymous.
- May 5, 2011 at 4:13 am #202922AnonymousInactive
was no mention it was a loan? when I ended the relationship, he asked for his money back. I refused and he threatened small claim court. what proof do i need in that it was a gift and he only wanted it returned after I ended things?
- May 6, 2011 at 2:39 am #259198AnonymousInactive
OMG! He paid for your car to get fixed and you dumped him? You should pay it back. Who are you? Satan
- May 6, 2011 at 1:41 pm #261435AnonymousInactive
i believe if there was no IOU letter or letter signed that you intended to pay this back it was in fact a gift. Dont quote me on it. if all else fails take it to Judge Joe Brown.
- May 6, 2011 at 4:28 pm #262128AnonymousInactive
Just pay him what is owed. It is the right thing to do.
- May 6, 2011 at 6:58 pm #262519AnonymousInactive
Unless there was a signed contract, it most likely would not hold up in small claims court.
Also, there obviously was not a verbal contract either.
It just sounds like a scorned person, angry about a failed relationship.
You don’t need proof.
He needs proof that you agreed to pay it back.
The burden of proof is not on you.
- May 6, 2011 at 11:35 pm #263669AnonymousInactive
what is the timeline here, days, weeks, months? How long was the relationship? Were any papers drawn up as to a pay back method? Is anyone priviey to the arrangement, IE, parents, friends, dude at the repair shop? If the repairs were in Dec and you broke up in Jan, that’s one thing, but if repair was Dec and now it’s July, why no mention of payments?
If it was a private arrangement, it’s your word against his, but that may depend on your state. Each state has it’s own laws.
Before it gets to that point, offer half, if he declines, then you have offered and allow him to take you to court, unless you have someone that witnessed the arrangement.
- May 8, 2011 at 5:30 pm #268197AnonymousInactive
Why not just pay him back? After all, it’s your car. Take responsibility and do the right thing.
- May 14, 2011 at 1:36 am #426159AnonymousInactive
You should be safe as it pertains to the original mortgages taken out by your wife, If you are not on the documents or title to the home. You should keep your finances separate until this works out. You wife’s mortgage lenders will try to drag you in. As far as a judgment for the difference between what she owes and what they are able to get for the property, it will depend upon the mortgage documents and what type of security the bank has for the loan, in most cases the mortgage is on the property with no further recourse, read the Default section of the mortgage document. They may send a 1099 for the difference that she will have to pay taxes on.
You may want to check into a “Short Sale”. Many companies are accepting less than what is owed, and showing the mortgage as paid, as long as you find the buyer.
- May 14, 2011 at 1:41 am #426160AnonymousInactive
sorry your home value has dropped in value that much. This type of advise would be with the help of a lawyer specializing in real estate/bankruptcy. They will look at short sale ect. If you are having trouble making payments ask for a modification.
lets say you want to forecluse her credit will be trashed for 7 years. as far as the balance they can get a judgement, but not you because MN is not a cummonial state. I typically give advise with credit card/car loan issues and i tell them to seek legal advise if they walked away from anything 5k or more. Potentaly walking away from 40k or more in your case, where backruptcy protection will exempt your wife to get here hard earned cash garnished. I am worried these bottom feeder debt collector jerk offs will take advantage of these huge right offs.
It may cost a few grand but seeing a bankruptcy/Real estate lawyer will definatly be in your best intrest through this process.
- May 14, 2011 at 1:45 am #426161AnonymousInactive
I have been in the foreclosure business for 8 years and I have to tell you although many states allow deficiency judgments, MN included, it is pretty rare that lenders sue for a deficiency. I have performed thousands of foreclosures and seen few deficiency judgments. That being said they can come after her but may not. I do not believe they can touch your assets. If you want professional advise talk to a real estate attorney in your area.
Finally, if you can afford the home or rent it out do so. Try to avoid foreclosure even if it is just in her name it is never a good thing to have on her record. The value will go back up someday if you can wait it out.
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