Brief background:
Car was purchased in my name, however, my ex was making the monthly payments to me directly. Starting around August, payments became hit and miss, but I continued making the payments since I didn't want my credit affected. As of January, I have not received a payment towards the car, and the balance that is owed to me is 2400 dollars. Because of bad credit, he is unable to get a loan. I'm planning on repossesing the car very soon (yes, I know, I'm way past what most people would have put up with).
Questions I have are:
1. He's considering bankruptcy in the near future. Will he be able to file against me? I have a promissary note showing that he would make payments, pay my legal fees if necessary etc...
2. According to the website for my area when filing the notice:
a) if the claim arises out of written contract, a copy shall be attached; however, the fact that a copy of such contract is not in the custody of the plaintiff shall not bar the filing of the claim; and
Does this mean I need to bring a copy of the promissary note?
(b) if the claim is on account, an itemized statement shall be attached;
Since this was informal between us, I only have a spreadsheet dated back to January showing what payments I've made, is this what they mean? I was going to bring copies of my bank statements to the actual trial.
Car was purchased in my name, however, my ex was making the monthly payments to me directly. Starting around August, payments became hit and miss, but I continued making the payments since I didn't want my credit affected. As of January, I have not received a payment towards the car, and the balance that is owed to me is 2400 dollars. Because of bad credit, he is unable to get a loan. I'm planning on repossesing the car very soon (yes, I know, I'm way past what most people would have put up with).
Questions I have are:
1. He's considering bankruptcy in the near future. Will he be able to file against me? I have a promissary note showing that he would make payments, pay my legal fees if necessary etc...
2. According to the website for my area when filing the notice:
a) if the claim arises out of written contract, a copy shall be attached; however, the fact that a copy of such contract is not in the custody of the plaintiff shall not bar the filing of the claim; and
Does this mean I need to bring a copy of the promissary note?
(b) if the claim is on account, an itemized statement shall be attached;
Since this was informal between us, I only have a spreadsheet dated back to January showing what payments I've made, is this what they mean? I was going to bring copies of my bank statements to the actual trial.
