Small claims for bailing somebody out?

[hambirg]

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

I did something very stupid and bailed out my husband (not legally separated, yet, but have been living separately for some time). He said at the time that he had the money and would pay it back, but now he just shrugs his shoulders and says, "I have a lot of bills." I know eventually when the case is over I should get it back. . .but I wasn't planning on giving him an interest free loan for lord knows however long that will take. I have all the bail bonds paperwork. Can I sue him in small claims court? And will it make any difference as far as trying to actually collect it? BTW. . .he has also stopped paying child support.

 

[seniorjudge]

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

I did something very stupid and bailed out my husband (not legally separated, yet, but have been living separately for some time). He said at the time that he had the money and would pay it back, but now he just shrugs his shoulders and says, "I have a lot of bills." I know eventually when the case is over I should get it back. . .but I wasn't planning on giving him an interest free loan for lord knows however long that will take. I have all the bail bonds paperwork. Can I sue him in small claims court? And will it make any difference as far as trying to actually collect it? BTW. . .he has also stopped paying child support.

Sue him in small claims. Will you win? I don't know. Since he hasn't defaulted on the bail loan, you may not win. The judge may tell you to wait until the case is over.

If you're not legally separated or divorced, then there's no child support order in effect so you're out of luck there.

 

[hambirg]

Sue him in small claims. Will you win? I don't know. Since he hasn't defaulted on the bail loan, you may not win. The judge may tell you to wait until the case is over.

If you're not legally separated or divorced, then there's no child support order in effect so you're out of luck there.

Thank you. . .kind of what I thought. The child support order is through the state. . .I was on public assistance when we first separated. They eventually caught up with him and he paid $25/month for 3 kids for over a year. . .then they said no more. . .so he started working "on the books" (he's in construction). I'm currently only getting $172/month. . .but the main reason I even bailed him out is because I was afraid he would lose his job and I would lose that measly $172.

If you were in my shoes. . .what would be the things you would do. . .file for legal separation seems like the obvious no brainer.

ETA- Do you think his child support history will have any bearing on the small claims case. . .in other words. . .will the judge be sympathetic towards me since he has so obviously shown a total lack of regard towards his responsibilities?

 

[sandyclaus]

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

I did something very stupid and bailed out my husband (not legally separated, yet, but have been living separately for some time). He said at the time that he had the money and would pay it back, but now he just shrugs his shoulders and says, "I have a lot of bills." I know eventually when the case is over I should get it back. . .but I wasn't planning on giving him an interest free loan for lord knows however long that will take. I have all the bail bonds paperwork. Can I sue him in small claims court? And will it make any difference as far as trying to actually collect it? BTW. . .he has also stopped paying child support.

I have bad news for you.

Washington State is one of 10 community property states. Since you two are still married and NOT legally separated at the time that you bailed him out, that means the money you loaned him would have been considered community property of the marriage. Since the law sees that the money as legally belonging to BOTH of you, a judge won't recognize it as a bonafide loan requiring repayment. (After all, how can you loan someone money that already belongs to them?)

 

[hambirg]

I have bad news for you.

Washington State is one of 10 community property states. Since you two are still married and NOT legally separated at the time that you bailed him out, that means the money you loaned him would have been considered community property of the marriage. Since the law sees that the money as legally belonging to BOTH of you, a judge won't recognize it as a bonafide loan requiring repayment. (After all, how can you loan someone money that already belongs to them?)

That makes sense. . .so along the same line of thought. . .if we are still not legally separated when we get the bond money back, am I free to keep all of it? I paid $1000 and he is making payments on the remainder.

 

[sandyclaus]

That makes sense. . .so along the same line of thought. . .if we are still not legally separated when we get the bond money back, am I free to keep all of it? I paid $1000 and he is making payments on the remainder.

Yup. This blade slices both ways. You can keep what you get back and NOT have to pay him back a cent of it. If he disagrees, let him sue YOU. That same community property problem will play out against him as well.