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  #1  
Old 03-11-2003, 09:53 AM
Hammy
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Question

Do I have to pay this bill of my ex husband's????


What is the name of your state? NJ

Am I resonsible for this bill?

In 2000, I moved out of the house & my husband was still living there. My lawyer arranged for an appraiser to come to home & told me my bill would be $175.00 (1/2 the appraisial cost) I paid this promptly. This was naturally to determine the value of the house for the divorce settlement, my husband was going to buy me out.

I just got a letter yesterday from the appraiser, looking for the balance. My ex never paid his share!

He told them he never agreed to the apprasial (but he let them in to do it) He also said I deducted the money from his settement(not true) so he is not responsible for the bill.

BTW, my ex was dropped as a client by his lawyer in 2001, I filed to regain the house & it was awarded to me in a default divorce. I have lived there since 2001.

To spice it up, I know of at least 3 small-claim lawsuits filed against him (including one of my own that I won, I am still trying to collect on) He is a deadbeat from the word go. (he is also unemployed, and remarried)

Do I have a leg to stand on to NOT pay this bill??

Thanks
  #2  
Old 03-11-2003, 09:58 AM
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Location: Nashville,TN
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Was there anything in writing from your lawyer and the appraiser that stated you would only be liable for the $150 cost ?
If not, then the appraiser can go after you for the other half since your ex has ducked it. However, I'd say that letting the guy in to do the appraisal would constitute his consent to it and to uphold his end of the bargain. If there's nothing about that 'bargain' in writing anywhere, you've got a problem. Unfortunately, divorce decrees hold NO weight with creditors.
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  #3  
Old 03-11-2003, 10:00 AM
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Location: Tennessee
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Was it court order for you to split the costs or just an agreement between you and him? If you have something from the courts saying you were to split it, you may have to pay it but you can file against him on the agreement. If you had nothing then you will probably have to pay it.
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  #4  
Old 03-11-2003, 10:35 AM
Hammy
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Thanks to both of you for the quick reply!!

I have to go thru the file, but I am POSITIVE I have a letter from my lawyer that said to send the appraiser 1/2.. $175.00 . There was no court order on it.

And yes, I was thinking also since he let the guy do the appraisal, that was agreeing to it. He never argued the point, asked for an extension, denied the guys, etc.. (at the point in time, he wanted the house) I will present those facts to the company.

Thanks for your help. It just gets so frustrating that a deadbeat like him gets away with this stuff. If I knew he didn't pay the bill, I would have paid it& deducted it from the settlement, His $268.41 would have been cut to $93.41 !!!

(Yes folks, that was the final pay off figure to him!!! Out of an initial $20k)

THANKS!!!!
  #5  
Old 03-11-2003, 11:39 AM
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"I have to go thru the file, but I am POSITIVE I have a letter from my lawyer that said to send the appraiser 1/2.. $175.00 . There was no court order on it."
*** Even if your lawyer advised you to only pay half, that does not obligate your ex to pay the remainder.

"And yes, I was thinking also since he let the guy do the appraisal, that was agreeing to it."
*** Sorry, but allowing access does not determine liability. Renters allow access to repairmen all the time, that doesn't make them liable.

"He never argued the point, asked for an extension, denied the guys, etc.. (at the point in time, he wanted the house) I will present those facts to the company."
*** And those 'facts' mean absolutely nothing.

Bottom line.... from your first post, your attorney ordered this service to be performed on your behalf. If there wasn't a clear, concise (preferably in writing) agreement for the bill to be split, it is YOUR bill.... and your liability. Considering all the crap that he put you through... pay it and get it over with. Why take the risk of this damaging your credit just to get the last 'pound of flesh' from him. And if you really want to, file another small claims against him..... and try to show the court that he agreed to pay half.
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