In need of Legal Advice ... Pls Help!

[BitterSweet12]

Right out of high school I had been dating the same guy since 10th grade...I thought everything was perfect! ( I was young and naive). He wanted a motorcycle but did not have the credit for it, so asked if i can purchase it under my name for I had fair credit at the time. It was approved and he said that he was going to make the monthly payments, which he did...(so I thought.) We broke up a few months after and decided to remain friends. I trusted him for keeping up with the payments and when I did ask he said that he was. (I know i was stupid for ending the relationship and not transferring over the name..but like i said I was young and stupid...i was only 20-21 at the time of purchase). So a few months pasted by and I received this call at work from a law firm stating that I owe 10,000 for the bike. ( at this point i was not aware of what was going on) The law firm stated that the bike was reposed a month back and that i needed to pay for the remaining balance. I was shocked and confused as i thought he still had the bike. I told the law firm that i did not have the money and i was not aware of what was going on because that bike belonged to my ex boyfriend but was under my name. ---- long story short...they kept calling and threatening me if i didn't pay that they would take me to court.. I asked for a copy of the contract and the paper saying that i owed that amount and for them to mail it to me before I agree to pay anything. ( i didn't receive any mail from them.)( I purchased the bike in 07-08 and I believe it was reposed in 09. They contacted me in 2010.

 

so Saturday night I opened the front door, and I was served by the same law firm that contacted me a while back. They're suing me for the bike at 10g. I'm so lost and confused. I went to speak to an attorney for a quote and in order for her to take over my case it would cost me 2g. (keep in mind that I am a part time student and part time worker...working less than 20 hours a week). so at this moment I am screwed! the attorney said that most likely I would have to file for bankruptcy.

 

I contact the ex boyfriend and hes being a total jerk saying that "its not his problem and to leave him alone!". which pissed me off! I want to know if there's anyway for me to take my ex-boyfriend down! (the thing is i don't have any written contact from him saying that he was going to pay, just a verbal agreement at the time).

 

 

***I know that this is a lesson learn so pls don't rub that in... I know I shouldn't have signed the contract even if i was in love...I know what I shouldn't have done...but it has back fired and all I'm asking for is support. Please if you have any idea of a way for me to settle this please pleaseee help me. Thank you so much!

[Moontiger]

Do you have any proof i.e anything in writing that shows your ex agreed to make the payments for the bike?

[sadchick83]

Well yes you are responsible for the loan. And, one of my friends took her ex to small claims court to get money back he owed her(she lent him her own money). She did win after a year or so and he had to cover costs. So I would pay the debt then go after him. If your signed for it, it is your responsibility. Maybe you should get a lawyer?

 

By the way, no reputable law firm sends people to your door. More than likely it is a collection agency and the laws firm is representing them in court....you were simply "served" at your front door.

 

You need to find out what they sold the bike for, because that can go against the $10k.

[avman]

(the thing is i don't have any written contact from him saying that he was going to pay, just a verbal agreement at the time).

 

Well then if he's refusing to acknowledge this verbal agreement then you're screwed. You bought the bike and signed the loan in your name. You would owe the money. You have no proof to show a judge that it's his responsibility. The place you bought the bike from has all the written paperwork signed by you. They'll win easily.

 

If you have at least something like a few thousand available you can try to negotiate with the law firm suing you and see if they'll settle the case for less. But they don't have to do this.

[holdonnow]

These are the steps you must take, in order.

 

1. Pay the $10K. If you don't, and you are working, your wages will eventually be garnished (and soon - if you have already been served with a court date, they'll hold you in contempt if you don't pay and then garnish your wages after that) if you don't call the creditors (or their agents) and set up a payment plan with them. This issue may in fact require you start working more hours or getting a second job, or liquidating assets, or taking out another loan on which you can make payments. Either way it has to be paid, right now, by YOU. This debt is 100% yours.

 

2. Recoup your lost 10K from your ex. A verbal agreement is oftentimes just as binding as a written one, in business contract law. If you can get witnesses to testify that you were in a relationship with him at the time and *that is why* you signed the loan, it might be harder for a judge to rule in his favor and not yours if there is no reason you would go out and buy a motorcycle for yourself. IE, if you can show that the only reason you would buy a motorcycle is because you were in a relationship with a man who wanted one, then he might award you the money; this is, however, not guaranteed. If you can get a statement from your ex now that it was a loan and not a gift, get it even if you have to tape him in the course of conversation. If there were any witnesses to the verbal agreement itself, subpoena them. If he was turned down on a credit application for the same motorcycle, subpoena those records. If he was with you at the bank when you signed for the motorcycle and he made any statements at the time ("thank you" suffices), and the loan officer can testify to that, subpoena that person. Gather any and all evidence that shows it was a loan and not a gift.

 

Even if a court finds in your favor, your ex might not pay you (he does have a history of not paying) by the cutoff date, which will then require you to file a contempt motion and have him served with it for a court date to find him in contempt, and if he doesn't show up and/or the court finds in your favor again, you then have to ask the court for permission to garnish HIS wages.

 

Please note that things have to be done in order - you cannot get a court to tell the creditors to transfer responsibility of the loan to him. That is why YOU have to pay it and then get your money back from him later via the courts. You are in debt to the creditors; later if you sue, he is in debt to you. These are two different debts.

 

Good luck.

[Ariel85]

Unfortunately, an expensive and tough lesson to learn. The advice from the attorney is sound - you really don't have a case, and even if you pursued this by suing your ex-bf for the money, you likely wouldn't win, and then you'd be responsible for his legal fees as well. Remember - all he has to say is that you bought it for him as a gift, and he had no idea you weren't making payments, and he was shocked and upset when it was repo'd, etc.

 

But, since you dated him for years, and while you were young, chances are you know his family well. If I were you, since you have no legal recourse at this point, I'd contact his parents and appeal to them. If they are stand-up people, then they will lean on him (I know my parents would) to do the right thing. If not, then I would contact the law firm to arrange for a payment plan to repay the debt.

[Day_Walker]

I would try and find a free legal aid service in your town. You do have options and some pretty good defenses just make sure you file your answer to the complaint on time.

[BitterSweet12]

Thank you all for all of your advice.

 

@ Holdonnow

There is no way for me to get anything in written or recording from him. He now refuses to talk to me and tell me that " He didn't do anything wrong". This guy is a total jerk! I Have a witness who was there when I signed the contract but I doubt that he would come forward to my defense. ( The witness is a cousin of his.) So I pretty much have no other option. I can't think of any other way I can take him to court without any form of proof. I have friends who knew why I purchased the bike, my sister and his other cousin as well. They are witnesses but without any form of written document by the ex boyfriend I don't think that I will have the possible chance of winning if I decided to file a lawsuit against him.

 

Thank you all for your input in this situation and I hope I will find a way to get the ex boyfriend back for sabotaging my credit.

[abitbroken]

The only proof you might have is if his name was on the title, and his name and address were on the insurance papers for the bike. That is the only way you can even suggest to anyone that it really wasn't yours or there was an agreement as you have proof that you never drove it and he was the driver. It might not fly with everyone but if you have decent legal counsel, they might be able to appeal to a judge and you just might get the amount reduced in an arrangement. The only other thing you can do is negotiate with the law firm and make a payment plan. if you are paying in good faith, you might be able to renegotiate later.

[Ariel85]

The only proof you might have is if his name was on the title, and his name and address were on the insurance papers for the bike. That is the only way you can even suggest to anyone that it really wasn't yours or there was an agreement as you have proof that you never drove it and he was the driver.

 

It doesn't really matter if she ever drove the bike or not, and it being a "gift" is not a defense. As far as the bike shop is concerned, she is the one who signed the legal document promising to make the payments. What happens to the bike after that isn't their worry, nor their issue.

 

This kind of thing comes up on Judge Judy all the time - lol.

 

OP - unfortunately, it wasn't your BF who sabotaged your credit. Yes, I agree he's a total dbag for taking advantage and walking away from his responsibilities and sticking it to you and that he SHOULD have been making payments, but I think if you don't fully accept ownership of what happened and your part in this, then you might end up in this position again, only because you will assume people will always do right by you. And sadly, many won't. Totally sucks, but I would still try and set up a payment plan with the lender.