sent to collections an account that my name is not on.

[TinkerBelleLuvr]

From what she stated, it appeared that she was being charged for the flute and the bank charge. She is ONLY liable for the bank charge. The ex-wife is responsible for the flute.

 

[quincy]

It would be interesting to see what the contract said exactly....maybe the ex-wife put her ex-husband's name down as being responsible for the payments?? Also, I would be curious to hear from someone who knows more about contract law - perhaps the fact that Shay has been paying for the flute from the beginning has formed some sort of implied contract....?

 

[shay_brandy]

It would be interesting to see what the contract said exactly....maybe the ex-wife put her ex-husband's name down as being responsible for the payments?? Also, I would be curious to hear from someone who knows more about contract law - perhaps the fact that Shay has been paying for the flute from the beginning has formed some sort of implied contract....?

the music store has not mentioned anything about my husbands name. i should call them and just ask if they know his fathers name.....my name obviously is on our online banking...was not aware of that before. they specifically are dealing with me...not anyone else. which is so ate up...

 

[shay_brandy]

You wrote a check for the payment. You stopped payment without a valid reason. The contract for the purchase of the flute is not what matters at this point.

You can take Quincy's advice if you want, but (as has been mentioned) court is going to be MUCH more expensive than making good on the payment and recovering it from the ex.

1. I stopped a payment that I am not liable for.
2. I am not getting anything out of her. She has 4 kids by 3 different men, welfare. (My step son was her first son.) She has nothing.

 

[shay_brandy]

You stopped payment for no valid reason - of course they have a case. You had no valid dispute with the store.

why do i have to have a reason to stop a payment that i do not owe?

 

[quincy]

You have been paying for this flute for 2 years, and prior to that the ex-wife was paying for it? Geez, how much do flutes cost??

If I were you, I would get a copy of the contract from the music store. I understand your liability for the check - that seems totally legitimate and the store has the right to collect on any fees charged them - but I do not see how you can be held liable for a contract you did not sign.

It might be best in the long run to eat the entire expense - make the check good, plus pay any applicable fees that have been added on, and even take care of the whole balance owing on the flute. If it is possible to deduct all of it from child support later, try to do that (if the son really isn't depending on that money to survive, that is, which he may just be). Avoiding court just always seems the wisest course of action.

However, continue waiting for a contract lawyer to post, or an attorney who can give you better guidance than I have.

I sure hope your step-son is a great flutist/flautist.

 

[shay_brandy]

You have been paying for this flute for 2 years, and prior to that the ex-wife was paying for it? Geez, how much do flutes cost??

If I were you, I would get a copy of the contract from the music store. I understand your liability for the check - that seems totally legitimate and the store has the right to collect on any fees charged them - but I do not see how you can be held liable for a contract you did not sign.

It might be best in the long run to eat the entire expense - make the check good, plus pay any applicable fees that have been added on, and even take care of the whole balance owing on the flute. If it is possible to deduct all of it from child support later, try to do that (if the son really isn't depending on that money to survive, that is, which he may just be). Avoiding court just always seems the wisest course of action.

However, continue waiting for a contract lawyer to post, or an attorney who can give you better guidance than I have.

I sure hope your step-son is a great flutist/flautist.

no he has failed 2 years in a row.

 

[shay_brandy]

You have been paying for this flute for 2 years, and prior to that the ex-wife was paying for it? Geez, how much do flutes cost??

If I were you, I would get a copy of the contract from the music store. I understand your liability for the check - that seems totally legitimate and the store has the right to collect on any fees charged them - but I do not see how you can be held liable for a contract you did not sign.

It might be best in the long run to eat the entire expense - make the check good, plus pay any applicable fees that have been added on, and even take care of the whole balance owing on the flute. If it is possible to deduct all of it from child support later, try to do that (if the son really isn't depending on that money to survive, that is, which he may just be). Avoiding court just always seems the wisest course of action.

However, continue waiting for a contract lawyer to post, or an attorney who can give you better guidance than I have.

I sure hope your step-son is a great flutist/flautist.

yeah honestly, if i knew that he was going into band 2 years ago i would have went to Sams Club and just bought one for 200.00. she obviously got a really high intrest rate and i just havent asked questions about it cuz i thought i was doing the right thing. but out of the clear blue her husband leaves her so she goes to the welfare office and files for food stamps and medicaid (even tho i have insurance on my step-son, that they will not use) and automatically they help her redo our childsupport order. she never called me to notify me of anything in advance. i had the courtesy to call her, well actually my husband called her to let her know we were not paying for the flute anymore so we would have the money to keep paying the CS. i remember it like yesterday. she said she was at wal-mart at the time and she understood, she was suprised that she would be getting more CS and had no prob paying the flute. she told us that there was only 108.00 left. i bout fell off my rocker, cuz it was like...its never gonna end with this thing. and so we were like good....it all works out. until about a month later when i got the call from the music store. that lady was absolutley yelling at me. i offered to pay the 25 fee for stopping my check. she would not accept it. she said she needed the full amount and nothing less. after i explained to her that i wasnt even on the contract, she said it didnt matter at all. she said that my name was on the check that had bounced. she kept using the word "bounced" and i kept correcting her by saying..."no i stopped the payment" to me that is clearly 2 seperate things...but i guess to a business its not and they still charge the same thing. anyway....the conversation ended with her saying "we will see you in court!!!!" and hangs up the phone on me.

so, then we call his mother again. she said this that and the other...you would not believe this lady. so, she gets me to thinking she is paying for it again. the next thing is i get a letter that they sent me to collections.

so i call and write the collection company, which realizes that i am not at fault but yet can do nothing because they are being paid by the music co. and says it between them and me.

so i just tried to relax, and im thinking they will come get the flute and she will have to come up with the money, surely she would let them take it after we have paid so much.

nope...she calls again today stating that she called them, had them email a copy of their payment schedules and payments recieved. i just got it today. she made 2 payments. i made 17. They told her she owes 31.00 and that the rest has been is already in the court system for me.!!!!!!!!!!! im am so upset.

this is how i figure what they are doing.

original balance 108.00.
my stop check fee 25.00.
collections fee 31.00.

what sense does this make?

i have made up my mind i am going to the music store tomorrow, giving them my check and letter and i am going to get their reasoning behind all of this. i honestly believe they are confused. i am going to try to get a copy of the contract....do not see how i would be able to do that, but if i am liable i guess its my right.lololol.

is there anything else in the world that i should be doing?

and yes i hear all the comments about just pay it, just pay it....bla bla...she thrives off of getting things her way...why wouldnt she? she has made a living off of making babies. it just sickens me. he is 14, so 4 more years....

 

[quincy]

Hopefully you can get everything settled by going to the store. Good luck.


(So, your step-son is not going to become another Peter Gabriel or Bobby Militello, huh? Too bad. Just hope he doesn't take up the piano next - I hear they are a lot more expensive. )