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  • small claims or not?

    so another issue i figured i would start a new thread about is that in october of 2011 i purchased a new TV washer and dryer, at that time i was foolish enough to believe we could work things out still but she wanted the washer/dryer which cost over $2000, she signed an agreement stating that she was to make monthly payments on it for a specific amount and that if she missed any payments that they were to be paid in full immediatly...suprise!! she already skipped a payment and now isnt making her agreed upon monthy payment in full...is this a small claims matter?..would it just be easier to try to sell and recoup as much money as i can??..anyone thats been in this situation could please help me!?....and the debt is in my name alone so will only affect my credit..she wont pay but expects to keep using them, maybe the hardest thing is that im finally sticking up for myself instead of being walked all over but i dont want to do anything that will jepordize my situation....thank you for all of your continued help with my problems and questions!...one more question, i purchased a rather expensive electric fireplace thats in the master bedroom(her room now) i asked her for half of the cost if she wants to keep..shes demanding that it stays but wont put $ towards it...can i just remove it?

  • #2
    can you confirm if you are common law and how long??

    Alsoo the agreements - in writing for one but what you stated was if a payment was missed, or could not be made then what was to be paid immediately the monthly payment or the entire cost of the machines? Did she give anything at al towards any of the items you list here?
    Last edited by ddol1; 02-25-2012, 02:27 AM.

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    • #3
      yes can definalty confirm common law by revenue canada and other documents and if a monthly payments was missed the entire cost was due immediatly and she made first payment skipped 2nd and didnt pay full amount on the other two..just not sure if this would be a small claims court case or not but she definatly breached agreement/contract, im thinking i might be better off to sell and lose a bit of money instead of alot but unsure on how to proceed with this as this is all new to me

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      • #4
        I am not fully up on common law but I believe the house is not the same (are both your names on it or just yours?

        You had mentioned that you agreed to an unfair agreement to get it over with but my initial thought is you may not have been of sound mind depending where your health was at the time. You are still living under the same roof but there is nothing stopping you from ending your relationship now, selling the house or one of you buys the other out - divide your property and your done. You do not get divorced like a married couple.

        It has been four months now - these were purchased before you decided to split??? Either way I believe you made a contract of sorts and she forfieted her rights to them when she failed to keep up her side of the bargain. If you sell your washer dryer you would find you would get maybe 60% at best. When this is done would you not be able to make use of them?

        I also think that the big picture is important here as well. You are going your seperate ways - where are you at when it comes to going your seperate ways? Nothing direct to your personal items but I think it can make a difference to the answer (it would be a shame to sell at say 50% and to find that she had a solid right to them and you then are forced to replace them)

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