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sent to collections an account that my name is not on.

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shay_brandy

Junior Member
Missouri.

this is quite a story...but to sum it up...
my husband and i have been helping his ex pay for their son's flute for band. about 2 years ago she called and said she was having trouble paying for it, so we agreed to help her out with a few payments. 2 years later, we are still making payments. I then recieved a letter from teh state stating that they were reviewing our childsupport order. i assumed it would go up, so we called the mother and told her the news and that we would not be paying for the flute any longer. She understood, and agreed to use her next childsupport payment to pay for the flute. she said it was down to owing $108.00 so no big deal. well, now here we are. i have gotten 2 threatening calls from the music center. said they were sending me to prosecuting attorny because i was the one who stopped a check. i explained i did not purchase the flute, had never even been to the store. i was told by them it was my responsibility because my name was on the check that had been stoped. well...we have went aroudn adn aroudn with the mother who now things she can just boss us around and make us pay it. the kid has failed band for 2 years anyway. The mother told me today that she had called them to pay for it and they told her it was too late and it was already in teh courts under my name.


i am just going to paste a copy of the letter I wrote to the company explaining why they had the wrong person. I changed everyones names for confidentiality.


""To Whom It May Concern:

I am writing this to try to clear up some confusion on the payment for this flute. I had in the past been helping "his mother" with these payments for "my step-son's" flute as he is my step-son and she had expressed to me she was experiencing financial difficulties at that time.

Approximately June-July 2007 my husband called "the mother" and explained to her that we could not make another payment on the flute because we had received a letter stating "my husbands" childsupport obligations were changing and thus she agreed to use her first childsupport payment from us to totally complete payment on the flute. She even expressed appreciation for our help with Zachary’s flute and that this would be the last payment on the flute anyway because it was almost paid off. That came to us as a surprise as we were completely unaware of how much was left owed on the flute or what the original price was for the instrument.

The mishap occurred when I went into my online banking and instead of clicking to pay the childsupport; I accidentally clicked on Music Center. I was not made aware of this until I received a call from "the mother" stating that she hadn’t received her childsupport payment. I then checked my online banking and realized I had made a wrong payment. My husband called our bank to stop the payment to the music center immediately which they did without a fee.

I then received a letter from your company stating that I owed the full amount of $133.00 within 7 days or I would be turned over to collection. If you were to look into your records you will see this is the very first mailing you have ever sent to my address. Enclosed is a check in the amount of $25.00 to cover the stop check fee your company has charged due to my mistake.

I do not understand how I can be prosecuted for a payment by stopping my check to your company that with which I do not even have an account.

On a personal note, this flute, if and when, paid will be the property of "the mother" who resides in Waynesville, Mo at the address you have on file for her. I have never been to your store, I have never seen the flute, and I have never signed anything that would bind me to owing your company a dime.

I hope you take a moment and realize how putting me on this account is a huge mistake.


Sincerely,""


do they honestly have a case? i mean..i know we are only talking about $108.00 but its more than that. i feel that if we give into her damands....she will never stop. the boy doesnt even want to be in band, we do not want him in band, we were never asked how we thought about him joining band. he is a football player. she will end up owning the flute for the rest of her children if she pays the remaining 108.00 (compared to the 600.00 we have paid over the years for this)....

should i be preparing to go to court over this? or are they just bluffing? thanks for any help.
 


Zigner

Senior Member, Non-Attorney
You stopped payment for no valid reason - of course they have a case. You had no valid dispute with the store.
 

quincy

Senior Member
This really isn't a defamation question.

Was the payment you mistakenly made to the music store one you had agreed to make prior to notice of the child support increase, and was it due before the child support check to the mother was supposed to be received?

I think that you could probably work out something better than going to court over this, seeing as how court will wind up costing you far more than the amount owing on the flute. Why don't you simply make this music store payment and have the mother rebate the money to you once she receives the child support check? Or, if the support payments do not go through the court, merely deduct the cost of the flute payment from the support amount.

The store should not have a case against you over one missed payment, depending on what the flute contract signed by the mother was, but they can take you to court for sending them a check that was no good.

Anyway, wait for other posters and see what they say.
 

shay_brandy

Junior Member
You stopped payment for no valid reason - of course they have a case. You had no valid dispute with the store.
i was just helping her pay for the flute. this is not something i have been made to pay...ever.. i have no contract with this music company. she is the one who signed for this. they ran her credit and approved her on financing. not me. we just told her 2 years ago on the phone that we would help her make these payments, we just ended up basically paying for all of it for no reason other than being nice.

do you mean to tell me that if i sent a check to a business not being under any terms or conditions that just because they recieved my check i would have to pay for it? i just dont get this. why wouldnt they be making her pay? she is the one who purchased it.
 

shay_brandy

Junior Member
This really isn't a defamation question.

Was the payment you mistakenly made to the music store one you had agreed to make prior to notice of the child support increase, and was it due before the child support check to the mother was supposed to be received?

I think that you could probably work out something better than going to court over this, seeing as how court will wind up costing you far more than the amount owing on the flute. Why don't you simply make this music store payment and have the mother rebate the money to you once she receives the child support check? Or, if the support payments do not go through the court, merely deduct the cost of the flute payment from the support amount.

The store should not have a case against you over one missed payment, depending on what the flute contract signed by the mother was, but they can take you to court for sending them a check that was no good.

Anyway, wait for other posters and see what they say.

she had already recieved 2 of our childsupport checks since the increase. it was a 150.00 a month increase. I have no idea when these flute payments are even due, i have just been making a payment every 4 weeks as my budget flows...

the part i guess i am not understanding is, this is her flute, her signature on the contract...not mine...we live 200 miles apart as well. makes no sense to me. these flutes payment were not ordered to us in anyway..ever.
 

shay_brandy

Junior Member
This is really contract law. Who are the parties of the contract?

his mother is on the contract.

the music store went to his school to sell parents instruments. she filled out the papers and they approved her for this flute. 6 months later, she called adn asked if we could help her make a few payments.

this is how we got wrapped up in this.
 

quincy

Senior Member
Because you are not on the contract, the music store cannot make you pay for the flute, however you wrote them a check which they tried to cash and it was returned. You did say you sent them $25 to cover the cost of the returned check, so, I believe that is where your obligation to the music store ends.
Wait for others to post.
 

shay_brandy

Junior Member
Because you are not on the contract, the music store cannot make you pay for the flute, however you wrote them a check which they tried to cash and it was returned. You did say you sent them $25 to cover the cost of the returned check, so, I believe that is where your obligation to the music store ends.
Wait for others to post.
AWESOME i havent mailed this letter or the 25.00 check...wanted to find some legal advise first. so i will send it tomorrow. that is what i thought though, a contract is a contract. thanks
 

quincy

Senior Member
Hey, Shay! That was "journalist advice" not "legal advice". Hold on to hear from a contract law person, okay.
 

Zigner

Senior Member, Non-Attorney
AWESOME i havent mailed this letter or the 25.00 check...wanted to find some legal advise first. so i will send it tomorrow. that is what i thought though, a contract is a contract. thanks
You wrote a check for the payment. You stopped payment without a valid reason. The contract for the purchase of the flute is not what matters at this point.

You can take Quincy's advice if you want, but (as has been mentioned) court is going to be MUCH more expensive than making good on the payment and recovering it from the ex.
 

quincy

Senior Member
Zigner, Shay reposted on a more appropriate site. You might want to repeat your advice to her there :).
 

TinkerBelleLuvr

Senior Member
Are you saying that if I were to write a check to a business and send them a check - and realize later that I wasn't the responsible party and I stop the check, I have now formed a contract with this business. I think NOT. If the business is OUT money due to bank charges, yes, I would be liable for those.

Courts look at a number of factors to determine whether an agreement should be enforced. The court must initially determine whether the agreement constitutes a contract or not. In order for an agreement to be considered a valid contract, it must satisfy certain requirements. One party must make an offer and the other party must accept it. There must be a bargained for exchange of promises, meaning that something of value must be given in return for a promise. In addition, the terms of a contract must be sufficiently definite for a court to enforce them.

The ex-wife signed the contract with the music store. The non-payment is against her.

The OP caused the music store to have a non-payment charge to the bank. She is correct that she must pay that. She did NOT sign the contract. Therefore, she is NOT liable for the balance.
 

quincy

Senior Member
Ginny J - I don't think anyone said that Shay was responsible for paying for the flute. She is only responsible for the stopped check payment. It would only expidite a resolution to the whole thing, and avoid potential problems, to pay and then settle up with the ex-wife over the flute payment later. But, although I am a mere editor and not an attorney and therefore try to refrain from giving legal advice, I do not believe Shay has any liability as far as the contract goes, because she is not a party to the contract.
 

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