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?

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1 Lawyer Answer
Michael Hales
Michael Hales
Answered

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.

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