Consumer Law, Warranties being sued even though i asked for no help

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jmedarling

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My jurisdiction is: florida

okay, i am knew to this so here goes. I dated a guy off and on for about 5 years, in 2006, I had gotten out of abusive relationship and hooked up with him again. I was trying to get my children back from ex husband who was in contempt for not returning them. I didn't have enough money for attorney but was willing to deal with that as I have in the past. Mr F (we can call him)told me to call and get a consult, I told him I couldn't afford that and he replied "Don't worry about that just call". So I did, and afterward nothing had changed I still could not afford it and told him so. Again, I was told not to worry about that he would get the money. I told him "I can't afford any more debts". He told me he would take care and he did $1500 or so. Nothing was ever said, 2 months later I need emergency surgery for my gall bladder.I had applied for medicaid but it had not taken effect. He paid $2400 up front so that they would do the surgery and not make me wait till it burst. Again , he has known me for a long time and knows that I am a struggling single mom who has a dead beat exhusband. I told him I could not afford another debt. 5 months later he broke it off bc I was "badgering" him about how much he was drinking, 3 months later he became ill due to the alcohol abuse and he demanded I repay him. Now the kicker, he borrowed all the money that he helped me with from his friends, even though I told him not to. I barely make it on my income. Once again, I was told not to worry about it. He is now sueing me for 5000 plus court costs. I dont' have this money. He is threatening to put a lien on everything I have which is nothing. Do I have a chance of getting out of this debt if we go to court? and can he take any childsupport that i get in form of ex's income tx?
 
Have you actually been served with court papers? If not, I would not worry about it until you are.

Do I have a chance of getting out of this debt if we go to court?
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Yes, you have a chance. You can argue that the money was a gift, and he is not entitled to have the money returned to him. Whether this will succeed is anybody's guess, but it's not unreasonable. I'm sure he will argue that it was a loan. There's no telling who the judge will believe.

As far as the lien goes - if you have nothing, tell him to fill his boots.
 
I received by mail, a judgement that says I have to produce all my financial information. He is aware that I recently lost my job. He says a, verbal agreement was between us, but the discussion of repayment was never brought up. I expressed to him numerous times that I could not pay him back. I have a job now, but still I am only barely getting by, and my car is in repossesion. I am hoping to get my ex husbands income tax return soon and or his unemployment through income deduction order. Is mr x take that from me? I would think not since technically the money is for my children, but he said he would take everything .
jmedarling
 
The paper says default of mediated agreement. After the mediation I tried to pay him something to show good faith, but my financial status worsened and I told him this was too much for me and I had to be able to pay for my household bills and children or we would be on the street. I had dmv tickets and a suspended license that HAD to paid and then emergency dental surgery all right before I lost my job.
 
I would assume since you have already had a mediation and you tried to work out a repayment plan, this is your acknowledgement of the debt—I don't think you will get outta this debt in court, because of the acknowledgement, however it is up to the judge. I am assuming you two decided to work things out instead of going in front of the judge, so yes he will more then likely be able to get his judgment and attach on any assets you have.

If you did not believe you owed him the $$ you should have never agreed to pay it back in mediation.
 
thats what i am afraid of. I don't feel like I should have to repay it, but bc he had fallen ill, I wanted to show good faith in that I was not taking him for his money as he claimed, since he borrowed it even though I said not to. Now he doesnt' care that I am about to get evicted and barely make ends meet for me and my children, he is determined to take whatever I have, even back owed childsupport, if thats possible and that is what I am waiting on to get my immediate bills caught up. I am due my ex's unemployment and income tax. Mr. X doesn't know it though but I am afraid that he can seize or freeze or however that works, my childrens money.
 
Ok, So I am assuming he already has a judgement on you? If so you need to deal in cash only-- meaning dont deposit $$ into a savings or checking account and let it sit there-- this is when he could have a chance to take that $$. Now if you are unemployed own no home or free and clear cars he will more then likley be SOL- but if you are workign etc.. he could garnish your wages etc.. and if you do have assets he can put a lien on them. There is no way this guy can get your kids child support-- Child support is for the kids not him. & if he did by change garn your account for that specific $$ you would appeal that and the bank would have to release the $$.

In all honesty if you really are broke etc... maybe you need to file Bankruptcy and include him as a creditor-- then he will have to get over it. Just a thought.
 
That is what I was thinking, thank you all, all info and advice was greatly appreciated. He was threatening to put a lien on my car but that is up for repo already. Wow, what a joke, if bfs can sue ex gfs, what is stopping husbands from demanding repay from stuff they paid thru marriage? In the future if anyone tries to help I will get in writing that I do not owe them. lol :)
 
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