Sharp 500 Paper
Sharp 500 Paper
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Frequently Asked Questions:

Ex is taking me to small claims court saying she loan me $3000 to lease car...both our names are on the lease?
Original down payment Oct, 1, 2009 of $3500 on a 2006 $14,000 dodge magnum. She paid $3000 an I $500. This was to be our car, but now that we split, she doesn't want the car an the day we split she scratch the car all up with some sharp scissors all the way around. I have price quotes to fix for $4000. I have the car now and have been making the monthly payments $395. All of a sudden she claims the $3000 was just a loan. She has no paper work saying this was a loan jus a receipts showing $3000 down payment. If I give her the $3000 an just pay the car off myself...her names is still on the car. Whats to stop her from wanting the car in the future. I can't refinance bye myself, with my not good credit. Can she really make me pay $3000
12 hours ago
There are three separate issues.
With respect to the vehicle, you are both jointly and severally responsible for both repayment of the lease and any additional fees (for mileage and or damage) when the lease has ended. Until the lease has ended and it's time to settle-up with the lessor, there is no cost associated with them. All she did was scratch up her own car, something each of us is perfectly entitled to do. When the lease expires, you are both responsible for ensuring its paid. And if she refuses to pay, your credit, along with hers, will suffer.
The second matter is the one of any so-called "loans" between you. If you live in a joint property state where each party owns 1/2 of all joint assets, there are, in fact, no loans between you. The money all came from the same jointly-owned pool.
The third issue is one of damage to the vehicle. If they happened while you were married, and before you were legally separated, you are responsible for each other's liabilities. However, if you can prove that she maliciously caused damage for the purpose of sticking you with the bill, you may have a small claims case depending upon the amount. However, as she is responsible for 1/2, and she is fully entitled to default on any loan she chooses, the court may find you have little or no recourse.
In short, you're entwined in a situation from which you may not be able to extricate yourself. You may not be able to do anything about damages that have occurred thus far, so you should take every measure to protect yourself from any further liability your "ex" may attempt to incur. This means filing for legal separation, restraining orders, and placing assets in escrow if necessary. It may take the court dividing whatever portion of the lease remains as a marital asset (presuming the lease hasn't already expired), to resolve this matter once and for all.
Unfortunately, if she's like this about a car, I sense it may be the least of your problems.
Best of luck. I hope this helps.


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