• 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.

Loan problems with an ex

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

deviousangel87

Junior Member
What is the name of your state (only U.S. law)? Indiana

I have taken my ex to small claims court already. However, the judge said that we agree upon how the remainder of our loan is to be paid off. At first we agreed on paying every other month. Than he said that if we refinanced the loan and than got the payment lowered he would take the payment until it was paid off. Now since hes mad at me he told me that I can take the loan and hes no longer taking care of it. I have nothing in writing that showed that he said he was willing to pay for it all, but I canpull the payment history with citifinancial and it can be seen that he has been doing it all. I haven't pursued anything legally because i dont know if I can since nothing is in writing. But I also dont want to get stuck paying his and my loan off again myself. What should I do?:confused:What is the name of your state (only U.S. law)?
 


sandyclaus

Senior Member
I'm a little confused...

What is the name of your state (only U.S. law)? Indiana

I have taken my ex to small claims court already. However, the judge said that we agree upon how the remainder of our loan is to be paid off. At first we agreed on paying every other month. Than he said that if we refinanced the loan and than got the payment lowered he would take the payment until it was paid off. Now since hes mad at me he told me that I can take the loan and hes no longer taking care of it. I have nothing in writing that showed that he said he was willing to pay for it all, but I canpull the payment history with citifinancial and it can be seen that he has been doing it all. I haven't pursued anything legally because i dont know if I can since nothing is in writing. But I also dont want to get stuck paying his and my loan off again myself. What should I do?:confused:What is the name of your state (only U.S. law)?
You took your ex to court. Did the judge order him to pay a judgment? Did he grant you interest on a judgment in your favor?
 

deviousangel87

Junior Member
The judge said that we were to come up with an agreement amongst eachother to decide how it was to get paid since I was the only one paying it. But if he didnt pay it anymore that he would legally get in trouble.....i didnt want anything extra from it i just wanted him to pay for it for the remainder with me. We decided to flip every other month and than he said he would take it...now since hes mad he says that I am paying it and hes not helping me anymore is how he put it.
 

bruceli

Member
Hmmm...this sounds familiar

The judge said that we were to come up with an agreement amongst eachother to decide how it was to get paid since I was the only one paying it. But if he didnt pay it anymore that he would legally get in trouble.....i didnt want anything extra from it i just wanted him to pay for it for the remainder with me. We decided to flip every other month and than he said he would take it...now since hes mad he says that I am paying it and hes not helping me anymore is how he put it.

By any chance was this suggestion above rendered in Family Court? You state Ex.....so I am assuming spouse?????
 

latigo

Senior Member
The judge said that we were to come up with an agreement amongst each other to decide how it was to get paid . . .
So you’ve gone along believing that the judge had some authority to order you and your ex to “come up with an agreement amongst each other”!

Well, let me make it clear to you as kindly as I can.

YOUR “JUDGE” IS A BLOODY IDIOT. Because he didn’t have that authority!

No court of law is empowered to apportion the financial responsibilities of individual co-obligors that are jointly and severally liable on an outstanding loan account. - And keep in mind that we are talking about an unpaid loan, not one that has been paid and a co-obligor is seeking contribution from another co-obligor.

(Except where the loan has been paid and one co-obligor is seeking contribution, the question of apportionment could never be presented to a court of law as there is no legal grounds for it.)

Nor does a court of law have the authority to compel the co-obligors to reach an agreement “amongst each other” regarding their individual responsibilities to the creditor.

Those responsibilities were fixed by the terms of the loan contract and since each of you apparently signed the loan agreement (“our loan”) each of you became and remain jointly and severally liable to the creditor until the debt is fully satisfied.
____________________

SECONDLY, even if your ex boyfriend had promised in writing that he would assume full responsibility for the loan balance, SUCH A PROMISE WOULD NOT BE BINDING AND ENFORCEABLE! Why?

Because:

1. There is no consideration to support such an agreement. You didn’t give up anything in exchange for his promise. The presence of consideration is a fundamental principle of the laws of contract. When it is lacking, and/or there is no mutuality of obligation, there is no binding contract.

2. There is no evidence here to support a theory of EQUITABLE ESTOPPEL that would prevent him from asserting failure of consideration as a defense were you to attempt to enforce his promise.
________________________________

In short, you have been going along on some false premises. The sooner you accept what I have said the sooner you can appreciate and deal with what obligations and rights you do have.

Your legal obligation is of course to pay the loan. If you pay more that ½ of it, then you have the right of contribution against the ex boyfriend. But that is your sole legal recourse.

You cannot force him to make any payments directly to the lender. That is a duty he owes the lender, not you.


[*] Equitable Estoppel is a principal of the law of equity that prevents a person from adopting a legal position that contradicts a previous position taken when the new position would unfairly harm another.
 

latigo

Senior Member
“No court of law is empowered to apportion the financial responsibilities of individual co-obligors that are jointly and severally liable on an outstanding loan account."

I must hasten to add : “With the exception of a divorce court allocating marital property and liabilities between husband and wife.”
 

deviousangel87

Junior Member
sooo...im f***ed???

So you’ve gone along believing that the judge had some authority to order you and your ex to “come up with an agreement amongst each other”!

Well, let me make it clear to you as kindly as I can.

YOUR “JUDGE” IS A BLOODY IDIOT. Because he didn’t have that authority!

No court of law is empowered to apportion the financial responsibilities of individual co-obligors that are jointly and severally liable on an outstanding loan account. - And keep in mind that we are talking about an unpaid loan, not one that has been paid and a co-obligor is seeking contribution from another co-obligor.

(Except where the loan has been paid and one co-obligor is seeking contribution, the question of apportionment could never be presented to a court of law as there is no legal grounds for it.)

Nor does a court of law have the authority to compel the co-obligors to reach an agreement “amongst each other” regarding their individual responsibilities to the creditor.

Those responsibilities were fixed by the terms of the loan contract and since each of you apparently signed the loan agreement (“our loan”) each of you became and remain jointly and severally liable to the creditor until the debt is fully satisfied.
____________________

SECONDLY, even if your ex boyfriend had promised in writing that he would assume full responsibility for the loan balance, SUCH A PROMISE WOULD NOT BE BINDING AND ENFORCEABLE! Why?

Because:

1. There is no consideration to support such an agreement. You didn’t give up anything in exchange for his promise. The presence of consideration is a fundamental principle of the laws of contract. When it is lacking, and/or there is no mutuality of obligation, there is no binding contract.

2. There is no evidence here to support a theory of EQUITABLE ESTOPPEL that would prevent him from asserting failure of consideration as a defense were you to attempt to enforce his promise.
________________________________

In short, you have been going along on some false premises. The sooner you accept what I have said the sooner you can appreciate and deal with what obligations and rights you do have.

Your legal obligation is of course to pay the loan. If you pay more that ½ of it, then you have the right of contribution against the ex boyfriend. But that is your sole legal recourse.

You cannot force him to make any payments directly to the lender. That is a duty he owes the lender, not you.


[*] Equitable Estoppel is a principal of the law of equity that prevents a person from adopting a legal position that contradicts a previous position taken when the new position would unfairly harm another.





great...and yet again...i get stuck with it...thank you for your help. i appreciate it a lot!
 

Find the Right Lawyer for Your Legal Issue!

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