QUESTION
Would I have any chance at winning if I take him to small claims court if account is in my name which I purchased for my ex father in law?
Asked on Feb 03rd, 2015 on Bankruptcy - Oklahoma
More details to this question:
A few years ago, I opened an account and got a computer for my father in law. The only reason it was opened was for that purpose only. It was cheaper for him to pay that monthly than for him to get one at rent a center (he doesn't have good credit). I would just give him the bills and he paid for the first about 5 months, then stopped making payments. I had forgot about it and not kept up with it. Now it is in collections with an attorney’s office. I never had him sign anything with him agreeing, it was just verbal. I do have a recent text message from him saying that he will make the payments from now on at the end of the month but still I haven't seen anything and even gave him the address to send the payments. He does still have the computer. The bill is now $3600 with attorney fees and everything else. Please help!
1 ANSWER
You can show you opened the account and perhaps that he was making payments initially on an account in your name for a device in his possession. However, if you lost track of the status of the account, that sounds like you might have stopped reviewing and giving him the bills. It's unclear how you might be handling the account in your name and not notice the issues with it. While one can certainly sue a relative, that comes with dynamics impacting well outside the court room itself, irrespective of whether you prevail on the claim or lose it. Perhaps there is room to work a payment plan and negotiate a lower amount than the total claimed due. Perhaps involving counsel might aid you with that goal. These matters do not typically go straight away to the creditor's counsel, so some opportunities to resolve amicably may have been missed. Hopefully, not all.
Answered on Feb 05th, 2015 at 4:45 AM