Legal Question in Credit and Debt Law in Connecticut
Time Share dispute
My ex girlfriend and I purchased a timeshare together. When we split there was a verbal agreement that we would both pay 1/2 of the debt. two years later she took me to small claims because I missed two payments, they said I did owe her the $ even though the debt is owed to the timeshare company. 8 months ago she missed payements and the company started calling me for $, I was sending the $ 2 her and she was not paying the bill. I stated that I would pay directly to the timeshare if they sent me bills. She called the company and told them not to send me statements. I informed her that I would no longer make payments directly to her. I then sent her a check marked PAID IN FULL in the memo. She cashed it. Now 8 months later she is taking me to small claims stating she paid off the timeshare and wants me to pay her 1/2 of the amount she paid in full. What legal stance do I take in this situation? I have never been allowed to use this timeshare, thanks to her and do not have the $ to pay her right now as I am laid off.
1 Answer from Attorneys
Re: Time Share dispute
First of all, she needs to provide you with proof of exactly how much she paid to the time share company. If she did not use any of the money you sent her to pay the time share company then you are entitled to a credit for those monies you sent her.
Secondly, the small claims court already ruled that you owed 1/2 of the debt for the timeshare. You should argue that she can not go back and relitigate the issue because it was already litigated. This is called "res judicata" which is a latin term. (the magistrate in the small claims court will know what it means)Therefore, you should tell the small claims court in person and in writing that the case should be dismissed.
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