Wife’s Ex Husband Owes Me Money

[jdover2222]

What is the name of your state? Virginia.
My wife and her ex-husband were on a phone bill together up until October when she backed out and started an account with me. She was the primary on their account and in order for him to take ownership of the account, he had to pay a fee of about $150. He agreed to pay it. Come January, he still hasn’t paid it. If he were to miss payments, it would affect my wife, not him. So we gave him about a month and warned him we would close the account completely and he would lose his service. End of March came around and we had enough and closed the account. They then send my wife a bill of $410. He said he would pay it, and he didn’t. I ended up paying it to avoid it going to collections (my wife is a stay at home mother). He is now avoiding us and ignoring all calls and texts to his new number even after telling him we would take him to court. Is this worth taking to court?

 

[Shadowbunny]

What is the name of your state? Virginia.
My wife and her ex-husband were on a phone bill together up until October when she backed out and started an account with me. She was the primary on their account and in order for him to take ownership of the account, he had to pay a fee of about $150. He agreed to pay it. Come January, he still hasn’t paid it. If he were to miss payments, it would affect my wife, not him. So we gave him about a month and warned him we would close the account completely and he would lose his service. End of March came around and we had enough and closed the account. They then send my wife a bill of $410. He said he would pay it, and he didn’t. I ended up paying it to avoid it going to collections (my wife is a stay at home mother). He is now avoiding us and ignoring all calls and texts to his new number even after telling him we would take him to court. Is this worth taking to court?

Well, it depends. First, it sounds like your wife is the one who is owed the money; is she prepared to go to court? Second, even if you win, you still have to collect; the court won't do that for you. And often, collecting from a deadbeat is much harder than getting the judgment.

 

[quincy]

What is the name of your state? Virginia.
My wife and her ex-husband were on a phone bill together up until October when she backed out and started an account with me. She was the primary on their account and in order for him to take ownership of the account, he had to pay a fee of about $150. He agreed to pay it. Come January, he still hasn’t paid it. If he were to miss payments, it would affect my wife, not him. So we gave him about a month and warned him we would close the account completely and he would lose his service. End of March came around and we had enough and closed the account. They then send my wife a bill of $410. He said he would pay it, and he didn’t. I ended up paying it to avoid it going to collections (my wife is a stay at home mother). He is now avoiding us and ignoring all calls and texts to his new number even after telling him we would take him to court. Is this worth taking to court?

Your wife can take him to court but, since your wife was the primary account holder, she was responsible for the balance owing on it despite oral promises from the ex to pay.

Unless you and your wife have a reason otherwise to keep this man in your life, I think it might be best to walk away.

 

[HRZ]

This is not a We problem..it's her problem...and as others suggest it may be easier for her to just walk away.

If she has time to waste....well go sue for in small claims for the $410 he agreed to pay her . ...he might be embarrassed enough to pay rather than explain his version to judge...but she best not hold her breath....and it's her burden to prove in court there was such a contract to pay the $ 410

 

[quincy]

And oral contracts are not always easy to prove - especially when the oral agreement is different from the written contract.

 

[HRZ]

And I simply don't know if an oral contract to pay the costs of another runs afoul of the statute of frauds in that state .

 

[quincy]

And I simply don't know if an oral contract to pay the costs of another runs afoul of the statute of frauds in that state .

?
The account, which had a written contract with wife as primary account holder, was closed after 6 months when ex failed to transfer it to his name.

 

[HRZ]

the newest oral contract between op and ex seems to be to reimburse op ..and the more confusion exists the less likely OP can present a clear picture if she goes to court.

 

[quincy]

the newest oral contract between op and ex seems to be to reimburse op ..and the more confusion exists the less likely OP can present a clear picture if she goes to court.

The oral agreement was for ex to transfer the account out of the wife's name. He didn't. It remained in her name.

The account balance, therefore, is legally her responsibility.

She can try to show the court that her ex owes for the months it remained in her name after she left but, quite frankly, she should have just cancelled the account instead of rely on an oral promise from her ex to transfer the account into his name or to reimburse jdover for the balance he paid when the account was closed.

 

[Ohiogal]

What was the consideration for the oral contract? I don't see it.

 

[quincy]

What was the consideration for the oral contract? I don't see it.

I don't see it, either. It seems there was just an oral promise that the ex decided not to honor.

 

[Ohiogal]

I don't see it, either. It seems there was just an oral promise that the ex decided not to honor.

Therefore there is no contract. Which means ex doesn't owe anything.

 

[quincy]

Therefore there is no contract. Which means ex doesn't owe anything.

That is pretty much how I see it.

 

[jdover2222]

Well alright, thank you all so much for the insight. Looks like we’ll just bite the bullet and let him walk. Although I feel $410 is much more than what he is worth.

 

[quincy]

Well alright, thank you all so much for the insight. Looks like we’ll just bite the bullet and let him walk. Although I feel $410 is much more than what he is worth.

Haha. Probably. Although having him out of your lives might be worth the cost.

We all appreciate the thanks.