small claims???

[tscoulombe]

My ex boyfriend and I bought a car together and I was the co-signer on the car and I put the down payment on the car but he didnt make a payment and they got intouch with me b/c he and I were not living together and told me that it was going to be repo'd so I got in touch with my boyfriend at the time and told him to give me the car if he couldnt pay for it but he refused and in the end results the car was repo'd, my question is can I sue him for the cost of the car that is now on my credit so that I can pay it off and get it off of my credit and if so what would I all need to bring to court with me stating that it was bought by him and I and that it was repo'd and now on my credit. I do have a copy of the contract and also the repo information plus my credit report. I would also like to know if there is a time frame to filing a small claims order? also can I sue him for money that he borrowed in the form of a check? I do have the carbon copy's plus a phone bill that he was to pay ( collect calls to his new girlfriend ) a western union that I sent him money that he was to pay back and IOU's he signed after I gave him money. yes call me silly for giving him money and hoping to get it back but I am tired of his lies and I just want back what he promised. Do I have a chance of seeing any of my money and clearing up my credit. Also do I have to file where he lives b/c he lives in oregon and I am in washington and this all took place in washington.
Thank you for taking the time to read this.
Terri

 

[JETX]

Terri, first thing you need to do is to slow down a little and take a breath. Your sentences were so long that I almost burned my finger on the screen while reading (dragging the finger along the screen.. get it??)

Okay, now for your problem:
This is relatively simple, your explanation makes it complicated... You did two things; 1) you co-signed a car note and the car was repossessed, and 2) you made several loans to a person who hasn't paid them back. Lets take them one at a time.

1) Depending on the 'agreement' that you had with your 'ex', you can probably get a judgment for the damages (money) that you are out for the car. What agreement did you have regarding making the payments?? Was he fully responsible for them, or were you jointly responsible? Answers to these questions could determine the percentage of judgment award.

2) As to the miscellaneous 'loans'; again, you will have to prove that these were in fact loans and you expected them to be repaid. What agreements or notes do you have to show that they were loans and not gifts? Any and all details will be relevant to any final decision by the court.

If your documentation on the two issues is lacking, you can send a certified letter to your 'ex'. In it, state your two issues and your understanding to their repayment. Ask him to let you know what he is going to do and give him a timeframe.. ("John, your not repaying these loans is causing me a lot of problems. I would appreciate your letting me know what you intend to do about repayment in the next week."). Do NOT threaten him or aggravate him.. if anything, put a sweet tone to it. You do not want him to get defensive, you do want him to respond. One of three things will happen: he will write back and confirm the 'loans', he will deny the loans, or no response (non-response could be viewed as acceptance of your letters details). Voila!! Proof of the 'loans'.

As to venue, you can sue the 'ex' in Washington and serve him in Oregon. But I suggest doing it in Oregon. (If you file in WA, he could file a change of venue, which would stop your WA action and you would have to re-file in OR.)

Finally, another VERY important issue... recovery. Does the 'ex' have any assets to pay (or seize if he doesn't pay) a judgment??
Doesn't sound like it. So, if you were to proceed with court and win, how do you collect?? At the least, you will get a judgment that you can send to the CRA (Credit Reporting Agencies) to help explain the 'hit' to your credit file.

Last shot... I certainly hope that you have learned your lesson (sounds like an expensive one). ALWAYS GET A LOAN IN WRITING... even if to your brother, sister or lover.

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Steve Halket
Judgment Recovery of Houston
[email protected]
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This is my PERSONAL OPINION and is not legal advice! Consult your local attorney for your specific situation and laws!