charges of exboyfriend's on credit card

[jacdebt]

What is the name of your state? Tennessee

I need to know if I have enough evidence that my ex's charges to my credit card were not a "gift." When he made the purchase for $4500 we entered into a verbal agreement that he would give me a letter in writing and a ring with the appraisal papers as collateral. He of course agreed, made the purchase that day and then would never follow through. He did call and leave me a message on my answering machine after we broke up, stating he would give me the ring. He also agreed in the verbal agreeement to pay it off in 6 months. It has been 4 and he has made a payment each month directly to the card but for only a total of $280. I have asked him to try to come to an agreement, but he refuses my phone calls and I sent him a certified letter but have not recieved a respone. I have cancelled the card and asked him to send me the payments, but have not recieved one from him. I have been told I can suppena sp his bank statements and show he did make those 4 payments. Is that enough to prove it was not a gift?

 

[JETX]

I need to know if I have enough evidence that my ex's charges to my credit card were not a "gift." Is that enough to prove it was not a gift?

There is no way for anyone to answer you... as there is no such thing as a 100% solid deal in court. I have seen some extremely solid cases go against me, and some that I thought would never fly, I won.

The only thing you can hope for is to gather every little bit of information you can to support your claim that there was a verbal repayment agreement. One thing I suggest is to send a very nice, DETAILED letter (certified RRR) showing all the specifics, payments made against the account, etc. Include a polite 'demand' for payment "as promised on (date, if known)". Close with something like, "If you disagree that this was a loan and that you promised to repay me as detailed above, notify me in writing within 10 days of receipt of this letter". It might not 'lock' the case, but it could help to show the court that he didn't dispute the alleged loan.
BTW, keep copies of EVERYTHING!!