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P. Simmons
P. Simmons, Attorney
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Experience:  16 yrs. of trial experience
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I took out a loan for my fiance that I was living with at the

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I took out a loan for my fiance that I was living with at the time to help him with his custody battle. We have split up now and he is threatening to not pay off the loans. We had the loan set up so that it is being debited from his account on a monthly basis. Is there anything that I can do legally to make him pay what is owed?
Submitted: 4 years ago.
Category: Legal
Expert:  P. Simmons replied 4 years ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Can you tell me

1. How long ago did you and he come to this agreement?

2. What was the agreement (did he agree to repay the loan)?

3. How much is owed on the loan?

Customer: replied 4 years ago.

1. In February 2009 a loan was taken out to help him pay for his lawyer for a child custody battle. He verbally agreed to pay the loan. This loan was for $1000 and he agreed to have the monthly payments debited from his checking account.

In September 2009 another $500 was taken out to assist with additonal court costs. The loan was redone and again he gave permission for the loan payments to be debited from his account on the first of each month.

Approximately $400 is left on this loan. Payments are $80 a month.

 

2. In March 2010 a $500 loan was taken out to assist him. This one was from another bank. In June 2010 another $500 was taken out to assist him in bringing his daughter down to visit for the summer. I asked him point blank in from of the loan rep "If we break up how do I know that you are going to pay this loan off?" He stated in front of her "No matter what happens I will pay the loan. I know it's my responsibility. I have spoken to this loan rep and she remembers this conversation very well.

Approx. $700 is owed on this loan. He agreed to have payments debited from his checking account. These payments are taken out on the first and fifteenth of the month.

Expert:  P. Simmons replied 4 years ago.
Thanks

Then you can sue...if he refuses to pay you can sue him in small claims court for the entire amount.

Since he promised to repay, if he does not live up to this promise, you can sue him and force him to pay the entire amount he owes.

The good thing (for you) is that you can do this in small claims...so you do not need to hire a lawyer.

There is a good overview of the process in TX here

(its from Denton Co...but the law is the same statewide)


Let me know if you have more questions



Customer: replied 4 years ago.
One last question. How do I go about taking him to small claims court? What is the process?
Expert:  P. Simmons replied 4 years ago.
Sure...the process is easy, sort of.

You have to "file" the case...you do that in the county court. If you head to the "clerk of the court" they can give you the forms.

SO you file the case, and then the court will send it on to have it served...you sit and wait and the court will mail you your court date.

You then head into court and tell the judge what happened
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 27152
Experience: 16 yrs. of trial experience
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P. Simmons
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