Verbal Contract

[Litgun]

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

Background: Ex-wife (In SC) and I agreed to send our daughter to a private school in LA for troubled teens. We each put in $18K for the first year of the school (Oct - Oct). No issue there. Our daughter took 18 months to graduate. So we paid paid month to month for the last six months. I paid my half but she only paid for Nov. In order for our daughter to graduate the bill had to paid in full.

There were numerous discussions via email with my ex stating she would pay me back if I were to pay the bill plus other charges involved with the graduation. The graduation was in CA so there were airplane tickets that she was to pay half on.

This was all in 2008. The ex lost her job and said she would pay me back after she got another job. She has jot a job but no money has come in.

I do not have an actual contract with her, just emails saying she knows that she owes the money and will pay it back.

The total owed is $6144.96. AL has a limit in small claims of $2500. SC small claims limit is $7500. My thought is to file a SC claim but that requires quite a bit of travel. Am I limited to which state I file in? Any thoughts would be appreciated?

Jeff

 

[sandyclaus]

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

Background: Ex-wife (In SC) and I agreed to send our daughter to a private school in LA for troubled teens. We each put in $18K for the first year of the school (Oct - Oct). No issue there. Our daughter took 18 months to graduate. So we paid paid month to month for the last six months. I paid my half but she only paid for Nov. In order for our daughter to graduate the bill had to paid in full.

There were numerous discussions via email with my ex stating she would pay me back if I were to pay the bill plus other charges involved with the graduation. The graduation was in CA so there were airplane tickets that she was to pay half on.

This was all in 2008. The ex lost her job and said she would pay me back after she got another job. She has jot a job but no money has come in.

I do not have an actual contract with her, just emails saying she knows that she owes the money and will pay it back.

The total owed is $6144.96. AL has a limit in small claims of $2500. SC small claims limit is $7500. My thought is to file a SC claim but that requires quite a bit of travel. Am I limited to which state I file in? Any thoughts would be appreciated?

Jeff

You would have to travel to SC to sue the ex-wife because that is where she lives (and no, you could not claim travel charges).

What I'm wondering is what the arrangement was between you and the ex-wife for supporting the child? Was there anything covered in your divorce decree regarding who paid for what in that regard? Even if you had an agreement, if it goes against what the divorce agreement stated, it could make it very difficult to enforce.

 

[Captain Picard]

Limit in SC is $7500 .. you may have several trips to SC ... to get a judgment that she says she will pay already; I don't see the need to file until you are close to the end of the SOL.

You clearly have written documentation of the debt. If she pays anything towards it, get this in writing. I think that a payment toward the debt tolls the SOL.