QUESTION
Do I have a small claims case if my ex, who co-signed for some things is late on all of his payments?
Asked on Aug 21st, 2012 on Family Law - Washington
More details to this question:
My ex boyfriend and I broke up two years ago. He cosigned on financing a bed and also on a BEST BUY credit card. He kept all of these items. He has been making late payments every time (up to over a month late). I am tired of dealing with it and I need to know my rights. There is still $1200 owed. Do I have the right to go and request the items? Part of the items? $1200 worth? Or should I take him to small claims court for the remaining balance and do I have a case?
10 ANSWERS
You do have a case. Mostly, though, you have a life lesson.
In case you missed it, it is don't co-sign ever for anything unless you are prepared to pay for it. That includes parents, siblings and children but is especially applicable to boyfriends.
Were I in your shoes, I would just pay the $1,200 and sue him in small claims court for the whole $1,200 and forget about the junk you bought at the furniture store.
It is an unsecured debt and he can discharge it in bankruptcy and there is a better than even chance that he will.
Answered on Aug 27th, 2012 at 2:06 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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You need to meet with an experienced attorney to review all your paperwork/contracts.
Answered on Aug 27th, 2012 at 2:05 PM
Leonard A. Kaanta
You should take him to small claims if he does not pay the debt and you end up paying the debt.
Answered on Aug 27th, 2012 at 1:38 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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What, exactly, are your damages? You have not suffered any. You have to have damages to sue.
Answered on Aug 22nd, 2012 at 5:53 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You can request the items and if he agrees then you will be done. If not small claims is the proper place to file a complaint.
Answered on Aug 22nd, 2012 at 5:53 AM
Car Accidents Attorney serving Milwaukee, WI
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Velez, Moreno & Vargas, LLC
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In my opinion, you do not have a basis to take your ex to small claims court and it would appear you do not have a legal remedy to your situation.
Answered on Aug 22nd, 2012 at 5:53 AM
Sue in small claims court.
Answered on Aug 22nd, 2012 at 5:53 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, you have a small claims case.
Answered on Aug 22nd, 2012 at 5:52 AM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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You should take it to small claims court.
Answered on Aug 22nd, 2012 at 5:52 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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You should take it to small claims.
Answered on Aug 22nd, 2012 at 5:51 AM