Ask Me Help Desk - Asking for payment

Asking for payment

When I bought my car from the dealership my ex (still an ex at the time) gave me 5 grand for the down payment. I asked him not to but he was starting to cause a scene and handed the lady the money anyway. He told me he didn't want re-paid. When I told him I wasn't going to be in a relationship with him he became irrate and told me if I didn't sign a contract stating I'd pay him back he was going to find a way to make me lose custody of my child. I signed out of fear. I tried to contact him to pay some money back but couldn't contact him or he was too "busy" to get it. When he was ready to take it I no longer had it and I attempted to talk about a payment plan but what I could afford wasn't enough for him and now he is threatening to take me to court. The vehicle is under my name only and he is with-holding property from me. Do I stand a chance at winning this?

You have a contract that states that you owe him the money, correct? Does the contract specify any payment terms?

If you had the money, why didn't you put it aside until you could get him to accept it?

You really have no chance of not owing the money. But unless repayment is specified you may get a break on how to repay.

Quote:

Originally Posted by dodge1234

... now he is threatening to take me to court. ... Do I stand a chance at winning this?

A lawsuit can always go wrong, but it does look like you owe him the money. I see that when the car was purchased he said he didn't want re-payment, but you later signed an agreement. If I were to bet, I would bet that you would loose.

No specific payment terms, he told me he would try to take my child if I didn't sign.

Quote:

Originally Posted by dodge1234

No specific payment terms, he told me he would try to take my child if I didn't sign.

An agreement with no specific payment terms is a demand note. The duress defense will not fly, in my opinion. If in fact you believed that the money had been a gift, you should have stood your ground and told him "I'll see you in court".

Is it his child as well? Even if it is, it is unlikely he can completely take the child from you. I agree the duress claim will likely not fly. There was no immediate threat here. Taking a child is kidnapping.

Quote:

Originally Posted by dodge1234

When I bought my car from the dealership my ex (still an ex at the time) gave me 5 grand for the down payment. I asked him not to but he was starting to cause a scene and handed the lady the money anyway. He told me he didn't want re-paid.

You state he GAVE you the money then you state, he "handed the lady the money." Which is it? And also, it appears the person at the dealership might be a witness to the conversation and him causing a scene, after you asked him not to give you the money. It might make a difference whether he gave you the money directly or handed the money to the dealership person. An attorney would know this...

Quote:

When I told him I wasn't going to be in a relationship with him he became irrate and told me if I didn't sign a contract stating I'd pay him back he was going to find a way to make me lose custody of my child. I signed out of fear.

So he wants a signed contract AFTER giving you the money or him handing it to the lady? You state, he said, he would find a way to make you LOSE custody of your child. Then he isn't trying to take the child away so that he can have physical custody of the child? If you're a good mother and the child is not being neglected or endangered, I would consider it an idle threat. The date of him providing the money and the date you signed the contract might make a difference. An attorney should know this.

Quote:

I tried to contact him to pay some money back but couldn't contact him or he was too "busy" to get it. When he was ready to take it I no longer had it and I attempted to talk about a payment plan but what I could afford wasn't enough for him and now he is threatening to take me to court.

You state you want to talk about a payment plan and yet you signed a contract.. What does the contract state that is your payment plan? Is there a deadline in repaying the loan?

Quote:

The vehicle is under my name only and he is with-holding property from me. Do I stand a chance at winning this?

What property of yours is he withholding and what is its value? Do you have a chance of winning what? Keeping your child? Not paying him the 5 grand back? Having the property he is withholding returned? Have you received notification you are being sued?