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Help...EX-MIL sueing me for sons loan!!!!

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Kimsboysx

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

I need to see where everyone think's I stand. I asked for a divorce from my ex in June, 2006. We had to continue to live together until the house we lived in sold. In August, 2006 he wanted to get his name off my car. The only way to do that was to refinance in my name only. I couldn't get the loan without money down. I told him I didn't have 2500+ to do so at that time. We also had a signature loan that we were going to have to keep both names on. I told him oh well we have to keep our name on the car as well as the loan. A few days later he had asked his mom for 2600 to get his name off. She mailed him a cashiers check in his name only, he signed and deposited it in our joint checking acct. He worked for a dealership and tried to get it done with them. They took all my information and gave it to a bank. He came home and told me it was approved with 2500 down and he had borrowed it from his mom. I told him I didn't want the money from her. Our divorce was at this point getting really nasty. I did go forward with the refinance. Thoughout our court hearings, he insisted I pay 1/2 of the 2600 back. I refused telling him I did ask for it, I made no agreement to pay it back and the check was made out to him.. At time of divorce settlement (Sept 2007), his atty sent my atty a letter stating that he waived any repayment of the 1300 (my half) to his parents. His mom is unaware of this letter and he forgot about it. She started harrasing him to get the money from me. Between the two of them they intimidated me to email her that I was going to pay $50 a month until my half (1300 was paid).. My atty told me don't send anything. She started emailing me harrassing me again and I told her it wasn't my loan and I'm not paying it back. In Sept, 2008 I received a small claims notice where she is sueing me for the full 2600. It states on my lawsuit form she is sueing me for the down payment on my car. It states nowhere on there that it was for refinancing my car to get her sons name off just "down payment"..... What is your opinion and does anyone think I have a leg to stand on....:confused:
 
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seniorjudge

Senior Member
Apparently (if I am reading your post correctly) you got a benefit from this money which was put into your joint account.

Is this correct?

If she sues you, then you bring your husband in as a third party.

Check with your state bar's website on small claims to see if this is allowed in your state.
 

las365

Senior Member
First of all you have to imediately file an answer to the lawsuit if you have not already done so.

If this was a legitimate debt you owed to your ex-husband's mother, he cannot waive your obligation on her behalf unless he had authority from her to do so; however, he apparently indemnified you and accepted 100% personal liability for the loan by way of the letter from his attorney to yours.

Send exMIL a copy of the letter by certified mail, return receipt reuqested, with a demand that she dismiss her suit. Keep copies and the return receipt card to take to your court date. If she does not, you can file a counter-claim against your ex-husband and bring him into the lawsuit. Check with your local small claims court to find out how to do that and what damages you can reasonably expect the Court to order be paid to you by your ex-husband and/or exMIL. I would expect that you would receive at a minimum your costs of filing the cross-claim and process service, and maybe some money in reimbursement if you have to take unpaid time off work or use vacation/PTO time to attend the trial.
 

Kimsboysx

Junior Member
I don't see where this is a legitamate debt from me to her. It was from her to him... My name wasn't on anything...His mom is very controlling of him and still tries to be with me. She told him, he had to be at court with her because of his job but she told him he "better" be there. So he is going with her knowing good and well he asked for that money so he could get his name off my car. If would have been up to me his name would still be on it. I don't really see how I derived any benefits from it. The loan is the same, the payment is the same and the only thing different is his name being off the title. We go to court on Tuesday, don't think I have enough time to do anything other than be there at 8:30 am....
 

seniorjudge

Senior Member
His mom is very controlling of him and still tries to be with me. She told him, he had to be at court with her because of his job but she told him he "better" be there. So he is going with her knowing good and well he asked for that money so he could get his name off my car.

Good...then call him as a witness.



If would have been up to me his name would still be on it. I don't really see how I derived any benefits from it. The loan is the same, the payment is the same and the only thing different is his name being off the title.

You answered your own question.



We go to court on Tuesday, don't think I have enough time to do anything other than be there at 8:30 am....

It's always good to be prepared.
 

Kimsboysx

Junior Member
Everyone keeps telling me I have nothing to worry about but I do. I'm now a single mom of 3 boys and she is coming after me again... She ran over him and told him what to do throughout our whole divorce. He's the one who derived benefits from taking his name off my car. He was able to get a brand new house, bought a brand new truck and car and motorcycle and 4 wheeler... I make more than him and can't afford any of that. She loaned him 25,000 to put down on his house, does that mean I need to pay it back too!!;)
 

seniorjudge

Senior Member
Everyone keeps telling me I have nothing to worry about but I do. I'm now a single mom of 3 boys and she is coming after me again... She ran over him and told him what to do throughout our whole divorce. He's the one who derived benefits from taking his name off my car. He was able to get a brand new house, bought a brand new truck and car and motorcycle and 4 wheeler... I make more than him and can't afford any of that. She loaned him 25,000 to put down on his house, does that mean I need to pay it back too!!;)
For the third time...bring all this up in your questioning of her and your ex-sweetie.
 

ariastar

Member
Wow, that was confusing.

So refinancing required a down payment, and he borrowed the money from his mom for the payment. Later he tried holding you responsible for half the debt to his mother, though the loan was to him, and he indemnified you later for the debt you didn't take.

Take a copy of the letter his attorney sent your, and for goodness sake, be clearer in court than you were here. It almost sounds like YOU benefited from this loan... :cool:
 

trosoft

Junior Member
You folks are great!

I have nothing to contribute. I just happened to stumble upon this thread.

Nevertheless, I certainly do admire and appreciate you contributors' concise and relevant responses to this woman's dilemma.

A friend in need is a friend in deed!


Thank God for this forum and such generous and thought-worthy people as yourselves. It really reinforces my faith in humanity.

I certainly wish all the best of health and good fortune.
 

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