charge cards in small claims

[ladyja125]

What is the name of your state (only U.S. law)? Minnesota
I am divorced. After the divorce I had my ex taken off our charge card account and I was suppose to be the only one on the account. He has since charged on the card. I closed the account as soon as I knew. The card company told me that it was my responsibly to get the card from him but since he had a valid card he could use the account. They gave me a new card but they have transfered his charges onto this account. I have sent him the bills not knowing if he will pay. I certified the last letter, so will know in 15 days if he took the bill. I will pay the bill if he doesn't---if I take him to small claims court----I have a copy of the charges----what would be my chance of my winning the case against him.

 

[justalayman]

I would think you should have no problem winning ,if it comes to that.

I don't quite understand why the CC company states what they do. Was the account a joint account? If so, you cannot remove him nor can he remove you. All you could do is close the account.

If he was an authorized user and you provided notice to the CC comapny in writing of the rescission of authorization for your ex, I would argue that the use was fraudulent and as such, you are not responsible.

Their argument makes no sense. What if somebody had a stolen card and used it before you could notify the CC company. By their logic, you would be liable for the charges. It doesn't work that way.

you do state the CC co transferred his charges to his account. Did that not remedy your problem?