Can you file more than one claim if its seperate issues?

Previous | Next
 rated by 0 users
Latest post 11-07-2012 3:34 PM by cndy. 10 replies.
  • 11-07-2012 10:02 AM

    • cndy
      Consumer
    • Top 500 Contributor
    • Joined on 06-08-2007
    • NY
    • Posts 81

    Can you file more than one claim if its seperate issues?

    My BF and I currently split up, he and I had joint property that I am looking to divide and he isnt' willing to negociate. We bought a boat for 12,000.00 and he took out a loan in his name only. The boat was paid directly from his personal checking account as it offered a lower rate to set it up that way. He had a Truck  payment and a motorcylce payment at the same time all set up the same way. He also paid Child Support which was taken directly from his paycheck which left him short on cash to pay houshold bills and insurance of which I paid. The boat was sold for 10,000.00 we both took part in prepping the boat for sale, its not like I wasnt' around to help I always opened and closed the boat and handled all the cleaning. The 10,000.00 Cash was deposited into My Bank Account. A Bank account that I always used to pay our household and personal bills through. He had NO issue handing  the cash over to me. The money sat in the bank for a week or so and he then found another boat. One that was 4000.00 More expensive. I agreed to take out the 4000.00 as long as he paid me that part back. I didnt want to have anymore invested in the boat than the original 10,000.00. He Agreed verbally to this and I then went and withdrew 14,000.00 in a bank check  made out to the Marina that we were buying the boat from.

    Now, just about 3 weeks later, I learn that He has been having an affair and I kicked him out. He came by and took what he called "his" boat. The boat had never been registered as i found out that while he had me in the marina shop having new tires put on the trailer he had All the paerwork filled out in his name. I hadn't realized until I got home and opened the envelope. Yes, stupid of me to trust that he would have done what we both agreed to. So, I took the paperwork and refused to let him have  it registered. He took the boat to where he is staying and wll I felt I had no other option but to let him take it but I did make him sign an agreement before it left the property, which states.. He agrees that the 4000.00 was a loan and will be repaid upon the closing of the house we have for sale. AND that we are still negociating the amount of cash value I have in the 10,000.00 investment that reslulted from the sale of the other boat.

    As soon as he got home, he created an addition to the agreement and sent it via email. I told him that was not legal nor binding and that his signature would hold up in court as a valid agreement betwen us.

    I asked him for the return of the 4000.00 loan and offered to take 3000.00 instead of the 5000.00 I felt am Due. He doens't agree and thinks he should have 100% claim as he says He Paid for it. My arguement is that although it was a loan in his name, It is still half mine as it was a joint investment, me accepting to take on the slack of the bills that he couldnt afford and him taking on the loan.

    He is trying to wrap it all up into the sale of the house and I want my money back now as I am a single mother who feels she was taken to the cleaners by this oh so charming Cheater!   He has other debts that I have covered for him, a 7200.00 deposit sits in his sports car that he bought this past April of which I have a copy of  the cashier check showing it came from my bank. I also have two paymets that I made on that sports car as he didnt have the funds to make them and he emailed asking  to Borrow the money. He also has the 4000.00 loan he requested for the new boat. And another car that he bought as a gift for  me that he is now considering letting go to repo.

    So, my question is: Can I sue him in small claims court for the 5000.00 portion of the money received from the sale of the 10,000.00  boat that I claim is half mine? And then can I sue him a second time for the "loans" ?  I know NY has a 5000.00 limit and my loss is much greateer than that  so I had hoped I could seperate the two and file seperately. Or is there a law that only allows One claim to be made against a person?

    Any help would be appreciated!

    Affording a lawyer is not really an option I am currently unemployed..

  • 11-07-2012 10:12 AM In reply to

    Re: Can you file more than one claim if its seperate issues?

    cndy:
    Can I sue him in small claims court for the 5000.00 portion of the money received from the sale of the 10,000.00  boat that I claim is half mine? And then can I sue him a second time for the "loans" ?  I know NY has a 5000.00 limit and my loss is much greateer than that  so I had hoped I could seperate the two and file seperately.

    I didn't bother reading your post because it's way too long and typical of people in love getting financially involved during the relationship (foolishly) when everything is wonderful and then claiming that it was all a loan when the relationship breaks up. Seen it thousands of time.

    However, sorry to have to tell you this, but his reneging on that stuff is likely to be considered one claim.

    You can certainly sue for one thing first and then try a second lawsuit but I doubt it it'll work.

    Whether you win or lose the first lawsuit, his defense on the second lawsuit is that your financial arrangement was one arrangement, that you waived anything over the 5000 limit by using small claims court, and you are trying to do an end run around the small claims rules by filing a second lawsuit. I think a judge will see that, too.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 11-07-2012 10:18 AM In reply to

    • cndy
      Consumer
    • Top 500 Contributor
    • Joined on 06-08-2007
    • NY
    • Posts 81

    Re: Can you file more than one claim if its seperate issues?

    So in reality its best to hire a lawyer and pursue it thought litigation. I was hoping not to have to go there.

    As for the "loans", I have always had whatever we agreed to written down, dated and signed by both and have retained ALL copies as well as the proof of loan. He has agreed that the loans were made via emails and written agreements, but just now has decided that he'd rather opt out and not move forward with payments.

    I guess no matter how you slice the pie, when your in a relationship.. You won't recoupe :(

     

  • 11-07-2012 10:28 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,966

    Re: Can you file more than one claim if its seperate issues?

    I see it the other way around--you can proceed on each separate loan separately -boat loan, car loan   --however as I read your post your points as to loans seem very weak and its your burden to prove the loans and each terms

    It sort of reads like a shared pot and you gifted into the pot for the common good and its only now that you call stuff "loans" .

    If there is a written agreement to pay you $4000 that may count --but "when" is hard to divine from your post

    From there it goes downhill.

    You wimped out as to incomplete transaction for new boat  but then again it could be you gifted the money to him for new boat.  BUT a written agreement to discuss the split of 10 K sort of shows it was NOT intended as a gift?



  • 11-07-2012 10:40 AM In reply to

    Re: Can you file more than one claim if its seperate issues?

    cndy:

    As for the "loans", I have always had whatever we agreed to written down, dated and signed by both and have retained ALL copies as well as the proof of loan. He has agreed that the loans were made via emails and written agreements, but just now has decided that he'd rather opt out and not move forward with payments.

    Having written agreements that show separate loans might help you in separate lawsuits.

    Trouble comes if those agreements don't have a payback date. Without a payback date he's not in default and there's nothing to sue for.

    cndy:

    I guess no matter how you slice the pie, when your in a relationship.. You won't recoupe :(

    Expensive life lesson from the school of hard knocks.

    Next time you are in love keep your finances to yourself and don't make "loans" to your boyfriend.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 11-07-2012 10:45 AM In reply to

    • cndy
      Consumer
    • Top 500 Contributor
    • Joined on 06-08-2007
    • NY
    • Posts 81

    Re: Can you file more than one claim if its seperate issues?

    Well as we "Lived" our life, we both enjoyed the recreational vehicles and  at the time we always referred to the boat as "our" boat. The loans made were always agreed upon as "borrowed" money to be replaced.

    His email asking to Borrow 500.00 bucks, to me  meant he had intended to repay me. At the time the loans for 2 months of car payments were given he was not living "with" me, I agreed because I felt if the payments were not made on time it would affect his credit and that would affect the refinance we were disucssing.

    The 4000.00 boat  Loan is documented in the signed agreement to be repaid, the only thing he had not agreed to was HOW much of the 10,000.00 initial investment should be returned to me, we had it listed as not yet agreed upon. If he took out a loan for the boat and made NO payments toward the household bills and personal bills then why am I not entilted to half of the value. I assumed and maybe Im incorrect, but, wouldnt it be considered joint property? Or can he just take it and claim it as his? I mean  then I would think I could open the garage and sell all of the contects and claim they are mine? He is asking for Tools that WE bought together and I know he has No receipts for .. So.. can I just open it up to a tag sale then and try to recoupe some of my Lost investments?

     

  • 11-07-2012 10:48 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,966

    Re: Can you file more than one claim if its seperate issues?

    Sorry--missed your earlier post --IF you have written acknowledgement of the notes that changes the odds a lot --and strengthens view of each is separate.

    When is loan due --are they demand notes --and have you made a written demand for payment?  If they are not yet due then he is not yet in default....think....



  • 11-07-2012 10:49 AM In reply to

    • cndy
      Consumer
    • Top 500 Contributor
    • Joined on 06-08-2007
    • NY
    • Posts 81

    Re: Can you file more than one claim if its seperate issues?

    One of the agreements states to be paid back upon the closing of the house we have for sale. But he keeps changing his mind on if he wants to sell...

    The second one was an email where he asked to borrow the money until his next paycheck, of which .. well he keeps saying.. I dont have it. I have asked for smaller amounts to be set up and then paid and he  keeps saying..  Take it out of my share of money from the sale of the house.

    We also have another vehicle that he took out a loan for with me as co borrower and now hes threatening Repo.. I'll be stuck with that next!

  • 11-07-2012 10:52 AM In reply to

    • cndy
      Consumer
    • Top 500 Contributor
    • Joined on 06-08-2007
    • NY
    • Posts 81

    Re: Can you file more than one claim if its seperate issues?

    So instead of incorporating it into the Agreement that we have been working on to settle the house sale and our joint assets, I should put a demand in for the Loans that he has agreed are his and set a demand date to be paid.

    I'll give that a try.

    Im trying to get him to agree to a quick  claim on the deed in exchange for removing all debt owed by him and allowing him to keep the boat and the arage full of tools.

  • 11-07-2012 2:23 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,966

    Re: Can you file more than one claim if its seperate issues?

    You cannot just unilaterally create a new due date --but you can try to docuement a previously agreed due date and make a demand for payment if that date has arrived  --follow the difference.

    If the deal was you get repaid out of his next paycheck and he got at least one paycheck --to me that triggered the duty to pay.

    If the deal said you get paid when house sells--you cut a poor deal and you need to wait until it sells --which might be a darn long time.  

    Home probably won't get sold unless you put on some serious heat to get it done --a partion suit is but one tool --but its not  quick or inexpensive tool

    Who is living in home now --who is payig bills or on the hook to pay bills ?



  • 11-07-2012 3:34 PM In reply to

    • cndy
      Consumer
    • Top 500 Contributor
    • Joined on 06-08-2007
    • NY
    • Posts 81

    Re: Can you file more than one claim if its seperate issues?

    Well the Agreement that we have been working on  isn't set in stone, we are still working on it. He just keeps changiing his mind and stalling. I am living in the house  and it is finally listed with a realtor and at the moment we have tenants who's rent covers most of the mortgage. He is sharing the costs of utilities and cable. And he's stopped by on a few occassions to take things he wanted when I wasn't in the house.

    The first agreement was he would pay me out of closing, then when I made my changes to the agreement which includes all of the other property as well as who is liable for the bills and so on, He came forward to say he wanted to buy me out and presented me  with an offer. He then realized he would have to refinace the loan into his name and realized his credit wasn't good enough. So we were back to square one. He just seems to sneak in and take things and I can see that he has No intent to pay me back. He has bought an Iphone 5 and has gone on a few weekend getaways leaving reciepts here when he stopped by. But anyway.  I just cant' get him to see that I see the biggest asset as the boat with a 14K value, as it was paid for in full when  purchased. And that he was just put on the deed three years ago and my offer to give him 50% of the equity After my initial investment is returned ( he signed and had notorized that agreement) BUT 50% of everything else needs to be agreed upon. And he isnt' willing to budge.. So I thought maybe small claims is the way to go.

Page 1 of 1 (11 items) | RSS

My Community

Community Membership New Users: Search Community