• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Small Claims Question

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

M

mykky1

Guest
What is the name of your state? Ohio

Ok...My boyfriend got a loan from his ex-stepfather. Well the stepfather didnt want to be paid back by check (that is what I told my boyfriend he should do) the stepfather wanted cash. So of course my boyfriend gave him cash.

Now my boyfriend still owes his stepfather 500 bucks and has been willing to pay it back but the stepfather wants it ALL (knowing that my boyfriend dont have it all at one time).

The checks were made out to my boyfriend and NOT to me. But the stepfather is trying to drag me into it. Saying that my boyfriend and I are "Common Law Married" (we have lived together for around 9 years) which I know is not around anymore. And is threatening to put a lean on my house(it is in my name only) and ruin my credit.

Well we got a certified paper in the mail today to go pick up a letter and I know it is to go to court because the stepfather told my boyfriends sister he was doing this. Do I HAVE to go to court for Small Claims? Not that I am trying to skip out on something but I AM NOT involved in this. The loan agreement was between my boyfriend and his stepfather NOT me. I heard you dont HAVE to go to Small Claims. Can something happen to me if I DONT go to the court hearing? Also does my boyfriend HAVE to go to court because he has wanted to pay back the stepfather and the stepfather WONT take payment?
It is aggrivating to even mess with this because he WONT take the payments. There was nothing ever written about how the stepfather was getting paid back and when he wanted it ALL by. But on the checks he is using as proof it does say loan on the checks. Now on one of the checks we think he added the word "loan" on the check because he gets his checks sent back to him and this was really what my boyfriend was working for. His stepfather is causing problems because my boyfriends mother wont take him back and we just dont want to mess with his drama.

Any help would be GREATLY appreciated.
Thank you for your time!!
 


A

a neighbor

Guest
"Can something happen to me if I DONT go to the court hearing? Also does my boyfriend HAVE to go to court because he has wanted to pay back the stepfather and the stepfather WONT take payment? "

You or the BF doesn't have to go, but judgement will be entered in the stepfathers favor. Why do it that way? Let your side be known.
 
M

mykky1

Guest
Thank you "a neighbor". So the stepfather would win the case automatically?
The reason I ask if we HAVE to go is because we both have to take off work and it is just sooo much drama with this stepfather. When it comes down to it I would think the stepfather would get judgement for the 500 bucks my boyfriend still owes (which is ok) but my boyfriend payed cash so what could he possibly bring to court to back himself up?
I thought that if you didnt show up that it got thrown out of court.
 
A

a neighbor

Guest
Yup, he would win, nobody there to dispute it. Just go and say your not part of it, and let your boyfriend show he's been making payments, (hope he's current, that will help.) eeccckk, cash and no receipt is not good, your word against his as far as what is owed.

But another giggle, if you know what awaits at the post office and never pick it up would mean you've never been served! Can't get a judgement against someone that hasn't been served. I didn't say that, that's not nice, LOL
 
I

Izzy321

Guest
Ah, be careful with this advice.......my best friend works for a company that is contracted by the county to serve papers to individuals that are "difficult" to serve. In other words, if the stepfather REALLY wanted to get you to court, he could have you served at work, if he knows where you work, and, if he is willing to pay the money. You are better off just showing up for the court date, and, letting the the stepfather "drag" you into the case during the hearing. If he has nothing in writing, he can't hold you liable for the debt.
 
A

a neighbor

Guest
But again, you HAVE to be served. If she isn't served and the BF goes to court they may be able to settle it that way. Certainly would keep both of them from appearing, only one income may be lost for the day.
 
P

Phxsportz

Guest
One problem with your logic on "You Have to be Served" is that it really isn't that difficult to be served by a professional process server. Most states allow for court costs to be added to the judgement (including filing and processing fee's [ie costs associated with serving the defendant]). As it stands the process service fee is about 6 bucks from the US Post Office. If you hold out and he hires a process server your costs could quickly escalate out of control. If you know you are going to be served anyway why not just go and get it out of the way. From your situational description it sounds as though you would be released as a defendant in the proceeding anyway, since, if as you say, you had absolutely nothing to do with this transaction and didn't directly benefit (ie did he borrow the money FOR YOU to pay a debt incurred by you, or to obtain property and/or services).

As for how would you show evidence of the $ 500.00 payment, you could show the withdrawl receipt, or the debit entry from your bank statement, but it didn't sound as though he was disputing the payment , but rather the balance.

Just my 2 cents
 
M

mykky1

Guest
There is NOTHING in writting with my name ANYWHERE.
The checks were made out to him, NOT me.
This loan was for my boyfriend because he was low on work in the winter and needed some extra money. Now I know he used some of the money to buy me a xmas gift.

There was NEVER any written agreement made and there are no bank statements or receipts of any type to show he paid him back 1175 already (because he paid cash) (he owed him a total of 1600). My boyfriend doesnt have a bank account because I do all the bills for him and he doesnt have access to my account. We keep things sorta seperate. Not to sound funny but we have things sorta seperate, my money is my money and his money is his, he gives me his part of the bill money though, I do this so there are is no fighting about who spent what (like I have seen with other couples).

If there is no proof of his payment to his stepfather will that mess my boyfriend all up in court? Because there was no written agreement and it is both their words against each other what could happen?
I GREATLY appreciate everyones help and support!! :)
 
M

mykky1

Guest
Ok....I think I have good news!! :) I just found a recording on my voice mail from the stepfather saying that my boyfriend owed him 835.00. Can I use that in court to show he is lying about the 1600? I finally got the court papers today and it says "Stepfather Ask(s) this Court for judgement against you in the amount of $1600.00, plus interest and costs to date of $35.00" so that means he is suing for the full 1600.00. Can my boyfriend file anything about a "fraudulous claim" since the stepfather is lying about the amount?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top