Do I have a case against my ex?

What is the name of your state?What is the name of your state? CA

In July 2003 my ex quit his job and decided to open his own business. He didn’t have the start up money so I told him that I had an open credit card he could use to give him a start. He agreed that he would pay me back on what ever he charged as soon as his customers paid him for the orders. He made a lot of bad business decisions and ran his business into the ground within 6-7 months. The balance still owed is a little over $11,000. I know that the maximum amount I can sue for in small claims court is $5,000, but I would just like to know if I have a case against him.
At first he was giving me money towards the debt on a monthly basis, I stopped receiving money from him in March 2004, until he finally gave me $250.00 last month (probably to shut me up and stop bugging him for a while). I’ve been paying the minimum payments on the credit cards so I won’t establish bad credit.
All the money he’s paid me has been in the form of cash and I never gave him any kind of receipt acknowledging payment. I also never made him sign any kind of contract saying when and if he was responsible to pay it back. The only proof I have are all the credit card statements showing each transaction he charged.
To this day he still has not found a job so therefore has no form of income. The only collateral he has is his truck (which he still owes on) and a jet ski that is paid off and worth at least $3500. I know it was completely stupid for me to lend him this money without getting some kind of written contract from him acknowledging the debt, but is it possible to hold him liable for the debt incurred? If he has no form of income is there even a point to suing him?

madehugemistake said:

In July 2003 my ex quit his job and decided to open his own business. He didn’t have the start up money so I told him that I had an open credit card he could use to give him a start. He agreed that he would pay me back on what ever he charged as soon as his customers paid him for the orders. He made a lot of bad business decisions and ran his business into the ground within 6-7 months. The balance still owed is a little over $11,000. I know that the maximum amount I can sue for in small claims court is $5,000, but I would just like to know if I have a case against him.

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Based STRICTLY on the contents of your post, no. The reason I say this is that you apparently had NO specific repayment agreement ("he would pay me back on what ever he charged as soon as his customers paid him for the orders"). Since his business subsequently went under, he could argue that his payments didn't pay.... and therefore his obligation to pay hasn't risen.

However, the courts might, or might not, accept your claim... so you might consider giving it a try. The cost and ordeal is minimal... and the court might just find that a repayment agreement may have existed.

If he has no form of income is there even a point to suing him?

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No one can answer that for you. A California judgment can be good for 10 years and renewable, so no one can say what he might have in the next 20 years or so.