NationStates Jolt Archive

So, I got another question for the legal minds here, and this time it involves money and bills. Let's just call these two people Mary and Bob. Mary and Bob agree to pay some bills together, and it was understood (through verbal contract) that they would each pay half. However, Bob hasn't been pulling his fair share. Mary is the one paying the bills because they are in her name as well as his, and she doesn't need her credit going south. Mary and Bob both work, Bob's work is 10 minutes away from where they live. Mary's job however is 33 minutes away, so she burns more gas, thus spends more than Bob. Since Bob won't pay his fair share of the bills and leaves Mary out to dry, can Mary take Bob to court to get him to pay his fair share or is she just screwed? If getting him to pay is not an option, would it be possible to at least get him to sign the papers, to take her names off the bills so her credit won't go south?

Before I even begin to answer that question, I need a $500 retainer up front.

Before I even begin to answer that question, I need a $500 retainer up front.

*grumbles and write a check* Your answer better be good though, and no insults.

*grumbles and write a check* Your answer better be good though, and no insults.I think I'll wait for this cheque to clear.

The implication from TV court shows is that she could get him to pay. The verbal agreement could be gotten out of on his part by him denying it, but if the bills are also in his name, he would be held legally responsible.

So, I got another question for the legal minds here, and this time it involves money and bills. Let's just call these two people Mary and Bob. Mary and Bob agree to pay some bills together, and it was understood (through verbal contract) that they would each pay half. However, Bob hasn't been pulling his fair share. Mary is the one paying the bills because they are in her name as well as his, and she doesn't need her credit going south. Mary and Bob both work, Bob's work is 10 minutes away from where they live. Mary's job however is 33 minutes away, so she burns more gas, thus spends more than Bob. Since Bob won't pay his fair share of the bills and leaves Mary out to dry, can Mary take Bob to court to get him to pay his fair share or is she just screwed? If getting him to pay is not an option, would it be possible to at least get him to sign the papers, to take her names off the bills so her credit won't go south?

This is about your ex and her "rapist" boyfriend isnt it?

This is about your ex and her "rapist" boyfriend isnt it?

I have more than one couple's friend you know.

I have more than one couple's friend you know.

Dont be coy, you know which one Im refering too. The one you wrote a blog on here about. And you said her boyfriend was a rapist, or was probably going to be.

Dont be coy, you know which one Im refering too. The one you wrote a blog on here about. And you said her boyfriend was a rapist, or was probably going to be.

Look, if you're not going to post something relevance to the topic, then please don't post at all.

*In Apu's voice* Thank you, come again.

Look, if you're not going to post something relevance to the topic, then please don't post at all.

*In Apu's voice* Thank you, come again.

Thats a yes.


So, essentially, once again you are writing a blog and then cloaking it in getting advice from the legal minds.

she can probably get a small claims court judgement against him but its still unlikely that he will pay her.

she can get her name taken off future bill by closing the accounts but she will still owe what is already owed.

which she should do immediately.

if she makes a payment plan with the places that she is behind with she may be able to avoid wrecking her credit.

doing these things means that they will have to stop living together. she will have to do whatever is necessary to get out of whatever lease they have on the place they rent. or get a new roommate and get him to leave.

she should sweep a caring friend off his feet and ride on a purple steed to the land of Bournemouth!

or rather don't bother because it would be too much hassle (dealing with the local government) and make sure she never lives with another bob again

Before I even begin to answer that question, I need a $500 retainer up front.

Hell, I'll demand money just from reading the OP!

*Sues*

Mary and Bob should have written things down, without some form of written evidence that Bob owes anything (or vice versa) the court just won't care. Bob could claim that he was staying with Mary and wasn't responsible for anything, unless his name is on the lease, then he might be responsible for some of that, although if he claims to have paid in cash, Mary is screwed. The bills belong to whomever's name they are in too, so Bob can just glide for free unless Mary was smart enough to get an agreement in writing and keep good records.

Mary and Bob should have written things down, without some form of written evidence that Bob owes anything (or vice versa) the court just won't care. Bob could claim that he was staying with Mary and wasn't responsible for anything, unless his name is on the lease, then he might be responsible for some of that, although if he claims to have paid in cash, Mary is screwed. The bills belong to whomever's name they are in too, so Bob can just glide for free unless Mary was smart enough to get an agreement in writing and keep good records.Just as Mary should have gotten something in writing, Bob would have to get a receipt in writing that he paid Mary in cash, otherwise Mary could deny that he did and there'd be no proof he did.

Just as Mary should have gotten something in writing, Bob would have to get a receipt in writing that he paid Mary in cash, otherwise Mary could deny that he did and there'd be no proof he did.
Yeah, but in civil court Mary has to prove it's more likely than not that he didn't pay. Depending on how long Mary has let him squat it could hurt her that she didn't kick him out sooner. If it's just he said/she said most of the time they'll just send you both home with nothing. She needs evidence that he was responsible for something, and that he didn't live up to that responsibility.

Yeah, but in civil court Mary has to prove it's more likely than not that he didn't pay. Depending on how long Mary has let him squat it could hurt her that she didn't kick him out sooner. If it's just he said/she said most of the time they'll just send you both home with nothing. She needs evidence that he was responsible for something, and that he didn't live up to that responsibility.Perhaps, though from the impression I got from court shows on TV, his name on the lease (or other bill) and no proof he paid his share would be enough, but perhaps I'm missing something.

Perhaps, though from the impression I got from court shows on TV, his name on the lease (or other bill) and no proof he paid his share would be enough, but perhaps I'm missing something.

If his name is on the bill it helps her a bit, but the burden is still on her, she has to prove it's more likely than not that he didn't pay, and it's hard to do.

Well apparently Mary's plan as of right now is to go ahead and pay her half, once she's done she's going to try to get him to release her. One of the bills, he has to sign to let her go, and on another he could just drop her. However, the probability that he'll let her loose is rather low. I mean if he can't pay for anything now, what makes you think he's going to let her go?

Well apparently Mary's plan as of right now is to go ahead and pay her half, once she's done she's going to try to get him to release her. One of the bills, he has to sign to let her go, and on another he could just drop her. However, the probability that he'll let her loose is rather low. I mean if he can't pay for anything now, what makes you think he's going to let her go?

If these are utility bills she should call the companies and get her name off the bill from so and so date forward, she will probably have to pay to catch them up, but after that it should be done. If it's a lease, that's a bit tougher, but she should find out from the landlord what it takes to get off the lease, but it might be expensive and messy.

He doesn't control her finances anymore than she lets him. He can bitch and moan all he wants, but she is in control of herself (or she should be, if she isn't again RUN AWAY)

If these are utility bills she should call the companies and get her name off the bill from so and so date forward, she will probably have to pay to catch them up, but after that it should be done. If it's a lease, that's a bit tougher, but she should find out from the landlord what it takes to get off the lease, but it might be expensive and messy.

He doesn't control her finances anymore than she lets him. He can bitch and moan all he wants, but she is in control of herself (or she should be, if she isn't again RUN AWAY)

So far they are bills from Citi, Wachovia, and Chase.

If the bills are in Mary and Bob's name together, my understanding is that as long as she has some proof that she's paid her part (should be fairly easy), and the bills still aren't fully paid, then he's liable.

He really only ha two possible defenses in that situation, The first is if he's a jackass who can't afford a reputable lawyer and that he's been paying Mary in cash, as long as this actually hasn't been happening, any law student could win that case for Mary, unfortunately, if he doesn't have any money, he'll probably never have to pay.
Otherwise, he declares personal bankruptcy. At that point I'm not sure what happens since the laws have changed, but Either way Mary will probably never see a dime from Bob with or without court action and her best bet is to pay the bills her name is on now in full and get out of them (should be possible without his needing to approve it, if for some reason it's not, though I don't know why it wouldn't, then she could take him to court over that.)



However it goes down, Mary is out the bills.

She should think of it as tuition for the school of hard knocks, because you should never in a million years cosign for anything unless the person you're doing it with is Jesus the Nazerene (I.E. 100% trustworthy, the so called 'perfect man') because otherwise you might as well just pay everything up front. 99.999% of the time people only want someone else's name on their bills so they can't be held responsible.

EDIT: As always, I'm not a real lawyer, but I play one on the internet.