So I dont know if I posted this here or not (pretty sure I did).

The recap: My ex-fiancee has decided to stop paying on a small loan that we got in both our names for some wedding expenses. Well, obviously that didnt happen and she spent all the money on the wedding dress and the rest I dont know. She told me she would pay the bill since she spent all the money, which she did for a year until about 3 months or so ago.

Now: I have been EXTREMELY patient with her to come up with the money but now I got a collection threat in the mail over it and obviously she has not done anything about it. The amount is not THAT big but financially Im still trying to get back on my feet and I dont want my credit hit over it. We both used to work together and there are some old coworkers that know what the deal was so it may not be JUST my word against hers in this situation. Ive heard I can take her to court for $80 OSLT and should I win I can get her to pay any money I had to pay to get her sorry ass in court. Should I consider doing this? I have been unsuccessful in being nice about the matter and its not doing any good.

 

Wow! Divorced before getting married.

In 5 years you'll be financially well off and won't be able to believe that you made a big deal over such a small amount of money. Pay the bill to protect your credit and chalk it up to poor choices and learned lessons.

 

Depends on the amount of money, I was considering the same action over an ex-housemate, but for a few reasons I chose against it.

I'd say that if you have a written agreement that she would pay, or a third-party (that isn't bias) able to verify, that you might have a chance of winning.

Still though, it's hurting her credit just as much as it is yours - if it's a small amount I'd probably cough up the cash FIRST, then take her to court for the cash you coughed up. That way you protect your credit score while still (hopefully) getting the money back. Also (imho) would show good faith to a judge, seeing as you're the "responsible" one.

If you're serious about it, I'd start keeping written records of everything, phone calls, messages left, e-mails exchanged, so forth and so on.

It all depends on how much you owe still.

 

You're both on the loan, so you're both liable, equally. To win in court you need proof that you have paid more than 50% to get any kind of decent judgement. That included receipts of payments and proof that you paid the money. We really need to know what was borrowed, what was paid, and by whom to really tell you if court is worth it. That's another $100 investment and there's the probable chance she'll counter sue you.

If you're paying out of your own account, bank transactions or check copies will be enough. You need to show the amount borrowed, what's been paid back, and by whom. If you paid out of a joint account, kiss that money goodbye too when it comes to splitting the difference.

It sucks that she spent all the money, but you got a loan together and you're equally liable, so you can pretty much write off 50% of the principle unless you get lucky in court (imo). Of course, you could sue and if she doesn't show up in court you'd get a judgement in your favor, but then you still have to collect...

 

I also have emails and myspace messages from her discussing her responsibility on the loan etc. So I have concrete proof of her agreement. Would that be substantial enough?

 

If she stated she would pay the balance off, that will help, but in the strictest sense of the law, you're still on the hook. You signed a contract where you both agreed to borrow x money and pay it back. The loaner of that money will hold as many people as it can responsible for getting that money, and the judge will rule in favor of the contract first, then hear your case, but you don't have a firm contract with your ex to assume payments....

you could claim it was a verbal contract and use the correspondence as proof of her implicit agreement to assume the debt, and that might get a ruling in your favor for a said amount, but the loaner still needs to get paid, so if she holds out, you're still paying to preserve your credit.

 

Put it behind you and go on with your life. It's not worth the time and effort.

I know principal is involved here but let it go.

 

I'm not nearly as old as MyBad...and well...probably only a week older than batguano...

But I can share from experience...let it go...be the better person...obviously you know that the "girl" was not "the one." Her word means nothing...

 

Watch it there young fella.

 

Can't he put a Lien on her?