Legal Question in Credit and Debt Law in New York
ex boyfriend debt
hello, i am writing today to ask a question. my ex of almost 6 years
contacted me today to ask me to pay off debts we accumulated six years
ago so that he can purchase a house. we are ny residents. the debts are
all in his name. i feel that i paid more than my share of the debt when
be broke up. does he have any legal standing? can he take me to court?
is there anything i can do to protect myself? he informed me that he
would be calling again to try to establish a payment plan. please help!
thank you
2 Answers from Attorneys
Re: ex boyfriend debt
If the debts are in his name and there was nothing in writing to require you to pay a share of the debts, then you owe nothing. "A person cannot be required to pay the debts of another person without an agreement in writing".
There is one way around that: if you benefitted from the money. In a case like this, it would have to be capitalization for a new business (new at that time) or for a home or other real estate.
Even in such a case, since this is an ex-boyfriend and 6 years have elapsed, this is not one to worry about. be gracious and, if you do agree to send him something, make sure it is not to pay 'your share', but that it is a gift or to reflect a desire to help him.
Re: ex boyfriend debt
UNLESS THERE IS SOMETHING IN WRITING, LIKE YOU SIGNING THE NOTE OR THE CREDIT CARD AGREEMENT, THE ONLY WAY THAT HE CAN GET MONEY FROM YOU IS VOLUNTARILY OR SUING YOU DIRECTLY. THE STATUTE OF LIMITATIONS OIN A CONTRACT ACTION MAY BE UP TO 6 YEARS. MY SUGGESTION IS TO MAKE NO PAYMENTS AT ALL. BUT LOOK FOR YOUR PAYMENTS JUST IN CASE. IF YOU DO GET SUED, LOOK UP THE PROER STATUTE OF LIMITATIONS.
GOOD LUCK
RRG