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Contract With Ex (Do I have a chance?)

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AC808

Junior Member
What is the name of your state (only U.S. law)? Hawaii

So long story short; My ex accumulated credit card debt while we were together and put the blame on me that I made her make all those purchases and whatnot.

Her family already has a lawyer and wrote up
a contract agreement (that I shouldn’t have signed but was pretty much backed into a corner) and it states that I agree to pay $(such amount) every 1st of the month for the credit card debt until $(such amount) is paid off.

But she recently got a loan that paid for all the credit card debt and wasn’t going to tell me but ended up telling me.


Am I still considered liable for the credit card debt and still need to make payments if the credit card was paid off in full?
 


justalayman

Senior Member
What is the name of your state (only U.S. law)? Hawaii

So long story short; My ex accumulated credit card debt while we were together and put the blame on me that I made her make all those purchases and whatnot.

Her family already has a lawyer and wrote up
a contract agreement (that I shouldn’t have signed but was pretty much backed into a corner) and it states that I agree to pay $(such amount) every 1st of the month for the credit card debt until $(such amount) is paid off.

But she recently got a loan that paid for all the credit card debt and wasn’t going to tell me but ended up telling me.


Am I still considered liable for the credit card debt and still need to make payments if the credit card was paid off in full?
If you signed a contract for $XXX, then until that amount is paid, you keep paying. Just because ex obtained a loan to pay off the credit card, it doesn’t mean your obligation under your contract has changed. I suspect she obtained the loan to reduce the interest rate. Many credit cards are notorious for very high ingerest rates, especially if you have been delinquent on payments.
 

HRZ

Senior Member
OP you were dumb enough to sign such an agreement and now you want us to guess at the terms hidden in same and guess as to if all the required elements of a contract are in there ?

IN general a promise to pay the debts of another must be in writing to be enforceable ..and odds favor that if she used a lawyer to craft it the lawyer got it right

BUT depending on the precise words of what you signed...if you agreed to pay the balance of card XX and the toothfairy pays off the card and there is no balance n any relative context...then is not the balance satisified?
 

justalayman

Senior Member
Now what I posted isn’t meant that you have no argument the “contract” is not valid. There are requirements for a contract to be valid and enforceable, one being both parties must provide consideration. Most people understand that as:

If you give me [whatever], I will give you or do [this]. Without consideration from both parties, it is not likely to meet the requirements of a contract but merely be seen as a promise. Generally (although not always) promises are not enforceable.

Take this contract and find an attorney to review it. If it is not a valid enforceable contract, then tell the other party to take a hike.

Also, while it is usually a tough sell, a defense of signing under duress might be something to look at as well. That would require a close look to determine if it is possible. That will surely require somebody that can review all of the facts which means: go find an attorney and have a chat.
 

LdiJ

Senior Member
Now what I posted isn’t meant that you have no argument the “contract” is not valid. There are requirements for a contract to be valid and enforceable, one being both parties must provide consideration. Most people understand that as:

If you give me [whatever], I will give you or do [this]. Without consideration from both parties, it is not likely to meet the requirements of a contract but merely be seen as a promise. Generally (although not always) promises are not enforceable.

Take this contract and find an attorney to review it. If it is not a valid enforceable contract, then tell the other party to take a hike.

Also, while it is usually a tough sell, a defense of signing under duress might be something to look at as well. That would require a close look to determine if it is possible. That will surely require somebody that can review all of the facts which means: go find an attorney and have a chat.
If the "ex" is an ex-spouse then the debt would be marital debt and would be split as part of the divorce, anyway.

If the "ex" is an ex girlfriend or boyfriend and an attorney drew up the contract, its likely that its valid.
 

justalayman

Senior Member
If the "ex" is an ex-spouse then the debt would be marital debt and would be split as part of the divorce, anyway.

If the "ex" is an ex girlfriend or boyfriend and an attorney drew up the contract, its likely that its valid.
If it was marital debt, then it is possible for a divorce court to assign liability. Until that time it remains the individual debt of the account holder. The assignment of marital debt is done in concert with addressing the entire marital estate. That has not happened here so;

Unless the agreement rises to the level of a contract, it is likely to be an unenforceable promise.
 

LdiJ

Senior Member
If it was marital debt, then it is possible for a divorce court to assign liability. Until that time it remains the individual debt of the account holder. The assignment of marital debt is done in concert with addressing the entire marital estate. That has not happened here so;

Unless the agreement rises to the level of a contract, it is likely to be an unenforceable promise.
An attorney drew it up. Its just about guaranteed that its valid.
 

LdiJ

Senior Member
Ha Ha Ha Ha ha ha ha.


That’s funny ldij. If that was so, well, I guess we would put thousands of judges out of business.
Thousands of judges? Are you attempting to say that thousands of judges only hear cases that have to do with potentially invalid contracts? I can agree that thousands of judges hear contract cases, but that doesn't mean that even a small percentage of the potential breeches are due to the contract being invalid. the vast majority of contract cases are due to actual breeches, not potentially invalid agreements.

Lots of contracts are copied and pasted from templates or written solely by the parties. Those are the contracts that get people into trouble as possibly being invalid. Most contracts drawn up by attorneys are going to be valid. The attorneys won't stay in business long without doing quality paperwork.
 

justalayman

Senior Member
Thousands of judges? Are you attempting to say that thousands of judges only hear cases that have to do with potentially invalid contracts? I can agree that thousands of judges hear contract cases, but that doesn't mean that even a small percentage of the potential breeches are due to the contract being invalid. the vast majority of contract cases are due to actual breeches, not potentially invalid agreements.

Lots of contracts are copied and pasted from templates or written solely by the parties. Those at the contracts that get people into trouble as possibly being invalid. Most contracts drawn up by attorneys are going to be valid. The attorneys won't stay in business long without doing quality paperwork.
I’m saying contract law is a huge part of our legal system and if we didn’t need judges to hear issues regarding contract law, yes, we could trim the list of judges by the thousands.

Ldij, I’m surprised that you are so ensmored by a person that possesses a law degree but in the end, there are good lawyers and bad lawyers; there are competent lawyers and incompetent laywers; honest and unscrupulous lawyers.

If you believe a claimsd contract is a valid and enforceable simply because it was written by a lawyer, well...

Well, you are really starting to worry me... a lot.
 

LdiJ

Senior Member
I’m saying contract law is a huge part of our legal system and if we didn’t need judges to hear issues regarding contract law, yes, we could trim the list of judges by the thousands.
Of course it is, but again, most of that is due to contract breeches, not invalid contracts. This discussion has been about invalid contracts.

Ldij, I’m surprised that you are so ensmored by a person that possesses a law degree but in the end, there are good lawyers and bad lawyers; there are competent lawyers and incompetent laywers; honest and unscrupulous lawyers.
I am not sure what you are saying there but that is true of every industry, because they are all peopled by human beings. However, most of the time, a professional is going to be just that, professional.

If you believe a claimsd contract is a valid and enforceable simply because it was written by a lawyer, well...

Well, you are really starting to worry me... a lot.
Yes, I am going to say that most work, in every industry, if done by a professional is likely to be valid. It really worries me if you are so cynical that you believe that most of the time its not.
 

CTU

Meddlesome Priestess
I’m saying contract law is a huge part of our legal system and if we didn’t need judges to hear issues regarding contract law, yes, we could trim the list of judges by the thousands.

Ldij, I’m surprised that you are so ensmored by a person that possesses a law degree but in the end, there are good lawyers and bad lawyers; there are competent lawyers and incompetent laywers; honest and unscrupulous lawyers.

If you believe a claimsd contract is a valid and enforceable simply because it was written by a lawyer, well...

Well, you are really starting to worry me... a lot.
Does that mean ldij is made from marshmallows and Graham crackers, and has been dipped in chocolate?! :D:p
 

justalayman

Senior Member
Of course it is, but again, most of that is due to contract breeches, not invalid contracts. This discussion has been about invalid contracts.
So who determines if contract is valid? Who interprets the contract to determine whether there was a breach. Very often one side may claim there was a breach but the other parties not only denies the claim but argues the contract does not make it a breach.



[QUOTEI am not sure what you are saying there but that is true of every industry, because they are all peopled by human beings. However, most of the time, a professional is going to be just that, professional.[/QUOTE]
Enamored as in star struck like in pie eyed.



Yes, I am going to say that most work, in every industry, if done by a professional is likely to be valid. It really worries me if you are so cynical that you believe that most of the time its not.
I just realized you are probably the most prejudiced person I’ve ever dealt with. I think I have a better chance of convincing Louis farakhan that not all whites are evil than I have of convincing you there are a lot of incometent lawyers out there.
 

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