Jamaica, NY asked in Small Claims for New York

Q: Can I sue an ex for not paying for a timeshare because my credit score has lowered even if only 2 payments were missed?

We both are liable but he refuses to pay and that don't think it fair to pay for the whole thing myself. but now the loan has been reported to the credit bureau because no payment has been made. So would be able to sue him for have of the 8400 that is due now?

Related Topics:
1 Lawyer Answer
Michael Hales
Michael Hales

A: It's possible, but title to timeshares are typically takes with both owners being joint and severally liable. Meaning that you are responsible to pay if he does not. I suppose that you could sue on equitable claims, but it may be difficult.

In these situations, clients have often hired me to make a deal with the other owner. I usually offer to give the timeshare to the ex or offer to take the timeshare off the ex's hands. Sometimes I've negotiated a price during these, but that will depend on the ex's opinion as to the value of the timeshare.

Let me know if you have any questions on how to proceed.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.