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Ex-fiance threatening to sue over non payment of a bill

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mavsfan41dallas

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

I was with my ex fiance for almost 8 years. She left me back in January 2008. In 2007 we purchased new carpeting and flooring for our house. Well, actually the house is mine and in my name only, as it currently is now. She did not have any credit established and wanted to enhance her credit rating, so when we purchased the flooring we did it under her credit and her social security number. I paid either $500 or $1000 down payment on the materials, and they installed it. I made all the payments on the flooring. When she left me in 2008, she did not speak to me until September of that year, some 9 months later. During that time she was making the minimum monthly payments.it was at this time she requested that I begin paying on the bill, of which I agreed to. Since then I had been making the minimum monthly payments. That all changed in February when I switched bank accounts and they could no longer draft my checking account for the payments. So now the bill has not been paid in three months and she has been continuously calling me and harassing me about making the payments. The total due on the account is some $1800, but she talked to them a few days ago and they told her they would settle for around $700. She is threatening to take me to small claims court in order to settle the debt. What I want to know is if there is anything that they can do to me, or does she even have a basis for her claims? There was never any written or signed agreement to pay the debt.I do not know if I have assumed liability by letting them draft my account monthly for the bill, but since I switched bank accounts I have not made any payments to the debt and neither has she. She is demanding that I make the payments or pay it off entirely. I have not responded to her in any manner since she first contacted me about the matter. We both get the same email from GE Capital, who is the owner of the account for the flooring. Does she have a case against me and what should I expect from this? The way I see it, she wanted to put it in her name to establish credit, but I was making all the payments. (except the 9 month period from Jan 2008 to Sept 2008). When she left me she initially said that she would take care of the bill, as she wanted nothing else to do with me. So can someone please help me on this? Thanks!
 


LdiJ

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

I was with my ex fiance for almost 8 years. She left me back in January 2008. In 2007 we purchased new carpeting and flooring for our house. Well, actually the house is mine and in my name only, as it currently is now. She did not have any credit established and wanted to enhance her credit rating, so when we purchased the flooring we did it under her credit and her social security number. I paid either $500 or $1000 down payment on the materials, and they installed it. I made all the payments on the flooring. When she left me in 2008, she did not speak to me until September of that year, some 9 months later. During that time she was making the minimum monthly payments.it was at this time she requested that I begin paying on the bill, of which I agreed to. Since then I had been making the minimum monthly payments. That all changed in February when I switched bank accounts and they could no longer draft my checking account for the payments. So now the bill has not been paid in three months and she has been continuously calling me and harassing me about making the payments. The total due on the account is some $1800, but she talked to them a few days ago and they told her they would settle for around $700. She is threatening to take me to small claims court in order to settle the debt. What I want to know is if there is anything that they can do to me, or does she even have a basis for her claims? There was never any written or signed agreement to pay the debt.I do not know if I have assumed liability by letting them draft my account monthly for the bill, but since I switched bank accounts I have not made any payments to the debt and neither has she. She is demanding that I make the payments or pay it off entirely. I have not responded to her in any manner since she first contacted me about the matter. We both get the same email from GE Capital, who is the owner of the account for the flooring. Does she have a case against me and what should I expect from this? The way I see it, she wanted to put it in her name to establish credit, but I was making all the payments. (except the 9 month period from Jan 2008 to Sept 2008). When she left me she initially said that she would take care of the bill, as she wanted nothing else to do with me. So can someone please help me on this? Thanks!
She could possibly have a case against you. You have been unjustly enriched. Morally I certainly think that you should pay for the improvements to your home. Its rather tacky of you to allow her credit to be destroyed.
 

latigo

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

I was with my ex fiance for almost 8 years. She left me back in January 2008. In 2007 we purchased new carpeting and flooring for our house. Well, actually the house is mine and in my name only, as it currently is now. She did not have any credit established and wanted to enhance her credit rating, so when we purchased the flooring we did it under her credit and her social security number. I paid either $500 or $1000 down payment on the materials, and they installed it. I made all the payments on the flooring. When she left me in 2008, she did not speak to me until September of that year, some 9 months later. During that time she was making the minimum monthly payments.it was at this time she requested that I begin paying on the bill, of which I agreed to. Since then I had been making the minimum monthly payments. That all changed in February when I switched bank accounts and they could no longer draft my checking account for the payments. So now the bill has not been paid in three months and she has been continuously calling me and harassing me about making the payments. The total due on the account is some $1800, but she talked to them a few days ago and they told her they would settle for around $700. She is threatening to take me to small claims court in order to settle the debt. What I want to know is if there is anything that they can do to me, or does she even have a basis for her claims? There was never any written or signed agreement to pay the debt.I do not know if I have assumed liability by letting them draft my account monthly for the bill, but since I switched bank accounts I have not made any payments to the debt and neither has she. She is demanding that I make the payments or pay it off entirely. I have not responded to her in any manner since she first contacted me about the matter. We both get the same email from GE Capital, who is the owner of the account for the flooring. Does she have a case against me and what should I expect from this? The way I see it, she wanted to put it in her name to establish credit, but I was making all the payments. (except the 9 month period from Jan 2008 to Sept 2008). When she left me she initially said that she would take care of the bill, as she wanted nothing else to do with me. So can someone please help me on this? Thanks!
Why would you even question whether or not you are solely responsible for the GEC account?

It was your home that benefited from the improvements, not hers.

You freely admit that the contract was made in her name solely for the purposes of enhancing her credit rating.

You voluntarily made dozen of payments as credits to the GEC account.

How do except to explain all this away in trying to deny that you didn’t agree to assume full responsibility from the get go?

If you think you can shirk this responsibility by relying on her alleged promise at the time of the breakup, then you need to rethink it. Because clearly, there is clearly no evidence of consideration to support any such promise on her behalf.
_____________

It is true that she will not have a judicable cause of action against you until such time as she is compelled to pay GEC, but in the meantime interest and late charges will continue to mount.
 

OHRoadwarrior

Senior Member
You could of course wait until they put a lien on your house for the $1800, plus attorney fees, court fees, interest and penalties. Remember, it was a fixed improvement to your house.
 

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