Small Claims Court for 2 loans in my name

[1111grl8]

Ok so pretty crappy situation. The father of my child convinced me while we were together, to get two loans in my name that were used to do renovations on a house. The house is in his name only. One of the loans is a home depot project loan which still has a balance of $10,000 and a wells fargo personal loan that has a balance of about $2,100. So we called it quits this week, now he doesn't seem to be very cooperative in the discussion of him paying these loans back. He has been paying the home depot loan this whole time and I have been paying the wells fargo loan.

So do I have a chance at winning in small claims court to get him to pay for these loans since we are separating or do I have other options?

Another addition to the story just for giggles, we have a 2 1/2 year old and another on the way. Ain't life grand??

 

[Zigner]

Why should he repay you for your loans?

 

[adjusterjack]

now he doesn't seem to be very cooperative in the discussion of him paying these loans back.

What a surprise.

Well, go to court and hit him up for child support.

 

[1111grl8]

Why should he repay you for your loans?

If I am getting kicked out, I should no longer have to pay for the loans I got for him right? I guess to retaliate, I could get him for child support and based on his income that is a lot more than the loan payments...

 

[quincy]

If I am getting kicked out, I should no longer have to pay for the loans I got for him right? I guess to retaliate, I could get him for child support and based on his income that is a lot more than the loan payments...

Unfortunately, the loans are in your name and you apparently are not married to the father of your child. You are responsible for paying the balances owed on both of them.

Child support is awarded to the custodial parent for the support of the child. It rarely is enough to provide the entire support required to raise a child.

 

[LdiJ]

Why should he repay you for your loans?

Because they were used to improve property that he owns? If you have a reason to believe that perhaps the OP isn't entitled to reimbursement for money spent on the ex's property then spell it out.

 

[quincy]

Because they were used to improve property that he owns? Why would you even ask that Zig? Seriously, if you have a reason to believe that perhaps the OP isn't entitled to reimbursement for money spent on the ex's property then spell it out instead of doing your typical one liners.

LdiJ, why do YOU think 1111grl8 is entitled to reimbursement for loans she willingly took out in her name to assist in improving the property she shared with the father of her child?

What is the name of your state, 1111grl8?

Are you married to the father of your child?

 

[LdiJ]

LdiJ, why do YOU think 1111grl8 is entitled to reimbursement for loans she willingly took out in her name to assist in improving the property she shared with the father of her child?

What is the name of your state, 1111grl8?

Are you married to the father of your child?

Unjust enrichment. She did not co-own the property.

 

[1111grl8]

LdiJ, why do YOU think 1111grl8 is entitled to reimbursement for loans she willingly took out in her name to assist in improving the property she shared with the father of her child?

What is the name of your state, 1111grl8?

Are you married to the father of your child?

I'm not looking for reimbursement for what has already been paid. Just for him to pick up the payments now that I am no longer living there. I am in GA and no not married

 

[1111grl8]

Unjust enrichment. She did not co-own the property.

Thank you for this information

 

[quincy]

I'm not looking for reimbursement for what has already been paid. Just for him to pick up the payments now that I am no longer living there. I am in GA and no not married

Thank you for providing your state name. The doctrine of unjust enrichment is not recognized in all states. It is, however, in Georgia.

If there was a tacit understanding between you and the father that the father would take on the expense of the property improvements if you took out the loans, and you can demonstrate this (and prior payments by the father on the loan can indicate this agreement) you could explore with an attorney in your area a claim against the father.

The child support is a separate issue and for that you would be smart to consult with a family law attorney.

 

[Litigator22]

If I am getting kicked out, I should no longer have to pay for the loans I got for him right? I guess to retaliate, I could get him for child support and based on his income that is a lot more than the loan payments...

Sorry, but not "right"! Wrong! Your creditors are not concerned with nor are their contractual rights in anyway diminished because of your domestic troubles.

However, depending on how this all came about (conversations, understandings, memoranda, text messages, witnesses, etc., etc.,) you do have a couple of options. (None in small claims court)

One would be an equitable cause of action against the guy for unjust enrichment. But you'd need to lay it all out before a knowledgeable trial lawyer. Also in a suit for unjust enrichment your damages (recovery sought) would be geared to the value added to the structure and not the amount of the loans. Moreover, even a favorable judgment for unjust enrichment wouldn't have any consequences with respect to the loans nor your personal obligation to honor them.

A second option (preferred) would be a suit for a declaratory judgment. There you would be asking the court to declare/order that the guy must indemnify and hold you harmless of personal liability on the loans. All based on his original promise to do so which induced you to incur those loans for his benefit. An added bonus to this cause of action is that his promise would be what is known as an original promise (that is, one of inducement) and not subject to the statute of frauds requiring that it be in writing.

Undoubtedly all of this is confusing, as it should be. So talk to an attorney. Many of them will grant a first time consultation without charge. Just don't let this scumbag bury you.

Good luck

 

[Zigner]

I would argue that the OP paid for the improvements for the sake of the child ... so the child could have a nicer place to live. The child will (likely) still be living there (at least part time).

 

[1111grl8]

I would argue that the OP paid for the improvements for the sake of the child ... so the child could have a nicer place to live. The child will (likely) still be living there (at least part time).

The renovations weren't really that needed. They just added value to a house that was fine as is. Made it fancier if you will

 

[1111grl8]

Sorry, but not "right"! Wrong! Your creditors are not concerned with nor are their contractual rights in anyway diminished because of your domestic troubles.

However, depending on how this all came about (conversations, understandings, memoranda, text messages, witnesses, etc., etc.,) you do have a couple of options. (None in small claims court)

One would be an equitable cause of action against the guy for unjust enrichment. But you'd need to lay it all out before a knowledgeable trial lawyer. Also in a suit for unjust enrichment your damages (recovery sought) would be geared to the value added to the structure and not the amount of the loans. Moreover, even a favorable judgment for unjust enrichment wouldn't have any consequences with respect to the loans nor your personal obligation to honor them.

A second option (preferred) would be a suit for a declaratory judgment. There you would be asking the court to declare/order that the guy must indemnify and hold you harmless of personal liability on the loans. All based on his original promise to do so which induced you to incur those loans for his benefit. An added bonus to this cause of action is that his promise would be what is known as an original promise (that is, one of inducement) and not subject to the statute of frauds requiring that it be in writing.

Undoubtedly all of this is confusing, as it should be. So talk to an attorney. Many of them will grant a first time consultation without charge. Just don't let this scumbag bury you.

Good luck

Thank you for this information