threats of attacking my credit report on contract that is not mine.

[shay_brandy]

missouri

i previously spoke about this on a wrong board. maybe can get more precise advise here. if i had been helping a friend make payments to a music store for no other reason than just being friendly, then decided to stop my last check i had written to the store for no good reason, could they send me to the prosecuting attorney and attack my credit report? this musical instrument was financed to another individual who read, agreed and signed the contract to make the payments under the terms of the contract. i am not on teh contract but yet have recieved a letter from a collection agency about my check that i stopped. will pay their 25.00 fee for stoping payment...but i am not liable for the entire rest of the loan right? the only way they even have my name is because of teh checks i have written to them for this other persons loan. any help would help.

 

[TinkerBelleLuvr]

same answer as other post

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.

Have the collection agency PROVE that YOU owe the money - show me the contract!

 

[quincy]

Shay, you are going to get answers to your questions on both sites - Zigner replied at the Defamation site, so you may want to check over there, as well. Pretty much, it seems that you are only responsible for the check fees involved in stopping the check, since you were not a party to the contract. But check both here and there for complete answers .

 

[shay_brandy]

Shay, you are going to get answers to your questions on both sites - Zigner replied at the Defamation site, so you may want to check over there, as well. Pretty much, it seems that you are only responsible for the check fees involved in stopping the check, since you were not a party to the contract. But check both here and there for complete answers .

do you think i should request a copy of the contract for future purposes? i am going to drive over there and personally deliver my letter and $25.00 payment, the music store happens to be in my town (200 miles away from her, she lives in the country and they travel to sell these instruments). I have not recieved anything stating we are going to court, but the lady at the music store would not accept my $25 payment via phone, told me she would see me in court and hung up on me. then i have the ex telling me she tried to pay it yesterday and she said she was told it had already been turned over to the courts. i have recieved a letter from a local check recovery....collection agency adn called them, told them the whole story and wrote them a letter...still giving them a few days before i call them back. but i dont see how they can even put anything on my credit if they dont have my DOB or SSN. anyway...they said it would be between the music store adn me all and all.

so, i'm am just so upset about all of this and thank you all

 

[shay_brandy]

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.

Have the collection agency PROVE that YOU owe the money - show me the contract!

plus...for all i know she been making payments too...like doubel the payments.. i have no idea. i have had no access to the payments, the amount owed or anything at all.

 

[shay_brandy]

just wanted to say....i got no where!!!! i paid every dime of it.

she gets it all...