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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 8716
Experience:  Just Answer consultant at Self employed
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My girlfriend financed her braces in 2016. She was paying

Customer Question

My girlfriend financed her braces in 2016. She was paying for them with a withdrawal out of her checking account. We split up, and I told her I would cover the braces. We switched accounts with the orthodontist and now my account is having money withdrawn. I never signed on the note, I just simply gave my girlfriend (now ex) a voided check. I do not want to pay this anymore. Am I at all liable?
JA: What state are you in? It matters because laws vary by location.
Customer: Minnesota
JA: Has anything been filed or reported?
Customer: No--My girlfriend just signed the finance agreement--I have had my account withdrawn once--
JA: Anything else you want the lawyer to know before I connect you?
Customer: that should do it
Submitted: 2 months ago.
Category: Legal
Expert:  legalgems replied 2 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 2 months ago.

Was it a verbal or written agreement to pay? Also was it contingent upon remaining together or was it a promise to pay in full?

Customer: replied 2 months ago.
It was a verbal agreement. I did send her a text telling her I would pay-Not contingent on staying together-- inferred promise to pay in full
Expert:  legalgems replied 2 months ago.

Normally for there to be a contract there must be an offer, acceptance, and consideration. Consideration is something "bargained for" - the thing that is exchanged. If there is no consideration then there is no valid contract.

Additionally, when the courts look at oral contracts, they look to see the intent of the parties - i,e whether the partyies intended any contingencies. For relationship issues, normally the court will presume that the arrangement is contingent upon the relationship remaining in effect- often times the court will seek one partner pay for the cell phone/rent/car bills of the other party; in those situations the court typically presumes that absent evidence to the contrary, the obligation ends when the relationship ends.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 2 months ago.

I will be out of the office for the next several days on a personal leave; if you have any questions on the above please post here today and I will respond; otherwise I will respond as soon as I return.

It has been a pleasure to assist. If the information has been useful kindly rate positive so the site may credit my account for my time spent assisting you. Thank you.

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