Broke up, left with his bills?

[Liza37]

Texas -
I signed my name on a boat for my now ex b/f, and put the $1,500 downpayment in March 2000, and I also signed my name to get cell phones on a family plan for me, b/f, and my daughter in June 2000. We were living together, although I was married to a man in TDC (whom I divorced in July 2001). My b/f's work provided him a cell phone in March 2001, which he stopped paying on the phone I helped him get and since he had the main phone it continues to bill, its up to $800 now. Anyway, since we broke up I checked on the boat and the payments were late, the insurance was getting cancelled, and he wouldn't get a legal document saying if anything were to happen that he wouldn't screw me out of it, so I reposessed it. He made the monthly payments out of his checking account, (he has bought another boat). My question is can I do anything about this mess? We were together 3 1/2 years, he gave me an engagement ring and we had lived together approx. 1year.

 

[JETX]

You have two separate issues:

1) The boat: You paid $1500 down. He made payments (from checking account). You have reposessed the boat. You can sell the boat and recover your 'damages' (offset by HIS payments).

2) Cellphone: This one is fairly simple. Some of the bill was created by your use and your daughters. Subtract this amount of usage from the bill. The difference is what he MIGHT be responsible for. To mitigate further damages, STOP the phone service (or at least 'his' phone). If it isn't in your name, you have no claim. If it is in your name (separately or with his), stop the service or at least remove his calling access.

However, if you have to take legal action against the 'ex', you will have to PROVE that there was an agreement (in writing or verbal) that he would be responsible for your claimed 'damages'. If you can't prove it, then the court may find that the 'damages' were a gift or a mutual debt.

 

[Liza37]

There were 3 phones (3 separate numbers), and there were separate billing statements. I had his phone turned off, but the bill will continue until the contract runs out in July 2002, (he can no longer use this phone). And he paid this bill by check, isn't that proof enough that he accepted that this bill was his and that he's responsible for it.

 

[JETX]

No.

Let me give you an example.....
You say, "Your Honor, the fact that he paid this bill from his account should PROVE that it was his bill".

The defendant responds simply, "Your Honor. It was her phone, in her name. I paid the bill with my check for accounting purposes only. She always reimbursed me in cash for my payment."

I don't imply that your argument wouldn't be supported by a possible judgment, just that as with anything verbal, it can be told several ways. And the issue is that it is YOUR burden to prove it.

 

[Liza37]

Phone bill

One more thing, what if I ordered the actual detailed phone bill which will show that the calls made were to his work, his friends, his family, etc. Would that help my case?

 

[JETX]

Re: Phone bill

One more thing, what if I ordered the actual detailed phone bill which will show that the calls made were to his work, his friends, his family, etc. Would that help my case?

ANYTHING could help your case, and it could be sufficient to convince the court that the phone and the bills were his responsibility. The problem that you have is it is your word against his, and no one can predict what he might say to counter your claims. And without SUBSTANTIAL proof of your claim, you will probably lose. But, heck, larger cases have been determined on less evidence, so who knows what the outcome might be. If you want to invest a little money and get a huge education from it (and probably little or no financial return), go for it. Nothing ventured, nothing gained.