Breach of contract

[cjf111]

MIssouri .. I had purchased a home 2 1/2 years ago with my now former partner. Due to domestic violence I had to have an ex-parte against him. We are due to go into court for Assault charges. My question is this: Since he has been away from the house he has not made any of his portions of the house payment, he feels that the ex-parte relinquishes him from his part of the payment and I feel he is still liable we both signed the contract. I have made them on my own and had to obtain a part time job in order to accomplish this. What can I do to have him repay and continue to pay his half until we decide what to do with the house?

 

[HomeGuru]

Sue his arse in civil court as it has nothing to so with criminal action.

 

[cjf111]

The amount as of date is well over $5000.00 and in Missouri I believe the limit for small claims court is $3000.00. What steps do I take next to file a claim against him? Would I be able to have his 3 bank accounts and wages garnished for payment?

 

[HomeGuru]

You need an attorney since the contract that you made may be defective.
You action is a regular claims and not small claims. He is liable for the mortgage and other related expenses. The ex-parte has nothing to do with the mortgage.