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Suit filed by ex

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hurston

Junior Member
What is the name of your state?What is the name of your state? Massachusetts

My live-in ex is suing me (we broke up four years ago) for debt we incurred while together. She hasn't filed yet, but has threatened to. The amount she sadi she would file for is much higher than the actual amount of debt (60% higher). I have several emails and written documentations in which she agreed that I owe her a specific amount ($5,000). She is asking for more ($15,000), I am assuming this cost is from property that we co-owned, but that she wanted to keep after our break up. I also have written documentation that she wanted to keep the property rather than let me keep it and assume the financial cost. My questions are:

What is the statute of limitations in Massachusetts? We broke up 4 years ago.
Can she sue me for half the amount of the property even though I have written proof that she wanted to keep it? She was the holder and I was the co-signer.
I have a written settlement offer from her, which asks that we each pay 50% ($5,000) of our bills -- minus the property that she was going to keep. Because she has yet to provide me proof that she set up a payment plan with creditors (something I asked for in writing), I have yet to send a payment. Should I pay this amount before she files suit? Can that stop her from doing so?
 


S

seniorjudge

Guest
Needless to say, do NOT give her any money without a written agreement. Try to settle this if at all possible.

This site says 6 years:

http://www.fair-debt-collection.com/SOL-by-State.html#22

Massachusetts Statutes of Limitation

Debt instruments issued by banks, Contract under seal: 20 years.

Judgments: 20 Years.

Oral or Written Contracts: 6 Years.

Consumer Protection Actions: 4 Years.

Recovery of Property: 3 Years.

Probate Claims: 1 Year from date of death.

Claims on mortgage notes following foreclosure or on claims junior to a foreclosed mortgage: 2 Years.
 

hurston

Junior Member
Thank you for your quick response.
Based on the last email communication from her, she had agreeded that we each pay $5000 to settle our bills. Should I consider that a written agreement and pay based on that so that she cannot try to get me to pay for extraneaus charges and consider the "case" closed?
 
S

seniorjudge

Guest
hurston said:
Thank you for your quick response.
Based on the last email communication from her, she had agreeded that we each pay $5000 to settle our bills. Should I consider that a written agreement and pay based on that so that she cannot try to get me to pay for extraneaus charges and consider the "case" closed?
E-mail communications are pig gristle.

Here's what an agreement is:

Definitions of agreement on the Web:

the statement (oral or written) of an exchange of promises; "they had an agreement that they would not interfere in each other's business"; "there was an understanding between management and the workers"
www.cogsci.princeton.edu/cgi-bin/webwn

compatibility of observations; "there was no agreement between theory and measurement"; "the results of two tests were in correspondence"
www.cogsci.princeton.edu/cgi-bin/webwn

harmony of people's opinions or actions or characters; "the two parties were in agreement"
www.cogsci.princeton.edu/cgi-bin/webwn

the thing arranged or agreed to; "they made arrangements to meet in Chicago"
www.cogsci.princeton.edu/cgi-bin/webwn

the determination of grammatical inflection on the basis of word relations
www.cogsci.princeton.edu/cgi-bin/webwn

the verbal act of agreeing
www.cogsci.princeton.edu/cgi-bin/webwn

An understanding between two or more parties that is often embodied in a legally binding, written contract.
www.library.yale.edu/~llicense/definiti.shtml

A legally binding contract between two or more people, representing a meeting of minds on one or more issues.
www.websiteupgrades.com/glossary/free/

A legally binding contract made between two or more persons.
www.gac.com/resource/glossary.html

An agreement is the formal mutual consent of two or more parties. The Agency employs a variety of agreements to formally record understandings with other parties, including grant agreements, cooperative agreements, strategic objective agreements, memoranda of understanding, interagency agreements, contracts, and limited scope grant agreements. In most cases, the agreement identifies the results to be achieved, respective roles and contributions to resource requirements in pursuit of a shared objective within a given timeframe.
www.usaid.gov/pubs/cbj2002/glossary.html

One of the elements of a legal contract. When an offer made by one party has been accepted by the other, with mutual understanding by both, an agreement exists. (LE)
www.insweb.com/learningcenter/glossary/legal-a.htm

– A legally binding contract made between two or more persons.
www.oregonlandtitle.com/glossary_of_terms.htm

A contract executed between buyer and seller of product development, technical or manufacturing services. An agreement usually includes a statement of work, identifies the deliverables, outlines the terms of the business relationship, specified the schedule, and puts forth other points of agreement between the parties.
mfg.patentcafe.com/glossary.asp

A written document prepared by the mediator following a successful mediation. The agreement is signed by the parties involved.
www.asu.edu/aad/manuals/spp/spp002.html

Agreement is the phenomenon in many languages in which words must take certain inflections depending on the company they keep. A simple case occurs with verbs in the third person singular form and their singular subjects: "Jane likes cheese" is correct, but * "Jane like cheese" and * "My dogs likes cheese" are not, because the subjects and verbs do not agree on the number feature. The name used in the lecture notes for the agreement feature is AGR. The possible values of the AGR feature are 1s, 2s, 3s, 1p, 2p, 3p, signifying 1st person singular, 2nd person singular, ..., 3rd person plural. Pronouns like "I" and "me" have AGR=1s, "you" has AGR={2s,2p} as it is not possible to distinguish singular from plural in this case, and so on. Definite noun phrases like "the green ball" have AGR=3s.
www.cse.unsw.edu.au/~billw/nlpdict.html

Fee schedule between the recruiter and client company covering the fee due, if the contractor is hired permanently by client company. You should have a conversion fee agreement for each and every contracting placement. The financial details of every placement are different, so you will need a separate agreement for each contractor you place to protect yourself.
www.topechelon.com/employers/contracting_glossary.htm

The Agreement governs the relationship between Client and Internet Service provider Zenon N.S.P. and the use of Services. One Agreement can include several Personal Accounts. You can access the text of the Agreement and other official papers on our site. You can also request the printed and signed Agreement text to be sent you by post. To do so log on the statistics server as Master and click "Agreement" link.
https://stat.zenon.net/help/eng/gloss.html

A meeting of minds.
www.home-mortgage-rate-now.com/terms.html

In ITSM terms, the use of the word 'agreement' rather than contract signifies less the legal differences between the two and more a difference in approach and style. 'Agreement' is used exclusively for an understanding, normally written, between internal parties (though it may be appended to and therefore form part of an external contract). An agreement is likely to register an aspiration for a particular service level whereas a contract will usually record the minimum service level permissible. The wording in a contract must represent its legally binding nature but the wording of an ITSM agreement reflects much more the nature of the (aimed for) relationship between the parties involved. See also Contract.
www.itilpeople.com/Glossary/Glossary_a.htm

Document whereby one party agrees to supply a good or service to another party for compensation (payment); common agreements that Stanford enters into are contracts, grants, donations, and fellowships.
www.stanford.edu/group/Desktop_2000/corefin/asseta/standard/htm/glspopup.htm

A coming or knitting together of minds; a coming together in opinion or determination; the coming together in accord of two minds on a given proposition; in law a concord of understanding and intention between two or more parties with respect to the effect upon their relative rights and duties, of certain past or future facts or performances; the consent of two or more persons concurring respecting the transmission of some property, rights or benefits, with the view of contracting an obligation, a mutual obligation./ The act of two or more persons, who unite in expressing a mutual and common purpose, with the view of altering their rights and obligations. The union of two or more minds in a thing done or to be done; a mutual assent to do a thing. A compact between parties who are thereby subjected to the obligation or to whom the contemplated right is thereby secured. (Page 89) TOP
www.rightwaylaw.org/cnhelglo.htm

A mutually-crafted statement of understanding written at the end of the mediation session and signed by both parties and the mediator. Mediation agreements are binding and usually reflect a party's offer and anothers acceptance of that offer; usually, general contract principles apply to mediation agreements.
www.superiorcourt.maricopa.gov/adr/misc/terms.asp

A legal document that binds two or more parties to specific and implied obligations, e.g., Contract.
www.c-risk.com/Reference_Library/CM_Glossary_01.htm

the shipper is debited for the time cars are held for loading or unloading beyond a certain period and credited for the time cars are released by him within a certain period, demurrage charges being assessed by the transportation line, usually at the end of the month, for any outstanding debits.
www.napmsn.org/text/purterms.htm

the grammatical logic and coherence between parts of a sentence
www.mantex.co.uk/samples/eng.htm

Any legally binding contract made between two or more persons.
www.stlouisrealestatesolutions.com/terms.asp

The document or contract between the employing municipality and PMRS that details the retirement benefits and eligibility requirements for plan members.
www.pmrs.state.pa.us/glossary.html

A contract between originating company and originating depository financial institution that defines operational and legal relationships between the two business entities when transferring funds electronically through the ACH Network.
www.treasury.pncbank.com/fundstransfer/glossary.html

An understanding between two or more people. A contract.
www.informediagroup.com/dearbuildernew/glossary/a4.htm

refers to the Collective Agreement between the University of Saskatchewan and the Administrative and Supervisory Personnel Association.
adminsrv.usask.ca/HRDivision/labour_relations/aspa/collective_agreement_1999_2002/Definitions.htm

A singular noun or pronoun must take a singular verb, and a plural noun or pronoun must take a plural verb. See for more information: 11 Rules of Writing Rule 7 Guide to Grammar and Style Agreement
www.junketstudies.com/rulesofw/glossary.html
 

hurston

Junior Member
So... I guess written agreement has no autonomous meaning. Does that mean I should wait for her to make a move?
 
S

seniorjudge

Guest
hurston said:
So... I guess written agreement has no autonomous meaning. Does that mean I should wait for her to make a move?
Oh, brother. :rolleyes:

I am not sure what "autonomous meaning" means.

I am sure that AGREEMENT means TWO or more people agree on something.

An e-mail is pig gristle.

No, do not wait for anything. Get this settled.
 

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