Boyfriend ran up credit cards- can I sue?

[geneamper]

My boyfriend of 6 years ran up my credit cards insisting he would pay them. They total about $10,000. We lived together in California, but I have since moved to Rhode Island. I would like to sue, but do I have to return to California for that? Thank you so much for your help.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by geneamper:
My boyfriend of 6 years ran up my credit cards insisting he would pay them. They total about $10,000. We lived together in California, but I have since moved to Rhode Island. I would like to sue, but do I have to return to California for that? Thank you so much for your help.<HR></BLOCKQUOTE>


My response:

You realize that was a dumb mistake, I'm sure.

Anyway, yes, you'd have to sue in California if that's where you gave him the card, and that's where the purchases were made.

For that kind of money, it's well worth the flight. You need to do the initial paperwork by mail. If you want Small Claims Court ($5,000.00 maximum jurisdiction), you can contact the Small Claims Court in the town where you lived and arrange to have the Form Complaint, and other papers, mailed to you, and then after you fill them out, mail them back with your filing fee, and the clerk will mail your conformed copies back to you with the date of trial. Then, on the trial date, you'll fly here to California.

If you want to sue for for the "whole enchilada" then you'll need to hire a California attorney to file the proper papers for you.

Good luck.

IAAL



------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[JETX]

Couple of questions:
1) Did the account include your 'ex'?? If so, then you are both liable for the account.

2) If his name wasn't on the account, did he have your permission to charge? If no, then consider filing a criminal complaint with the police.

3) If he had your permission to charge, then you need to decide whether this was done as a 'loan' or as a gift. If a gift, your stuck. If a loan, then he is probably liable.

Assuming that the answer to #2 is no, and #3 is 'loan', then yes, you can probably sue your ex-boyfriend.

Next: decide if you want to sue in small claims court or in Superior court.

If Superior Court, you can sue for the full damages, including interest, without a $ limitation. However, you will need an attorney, especially due to the long distance.

If you decide on Small Claims, you will not need to hire an attorney and can represent yourself. Also, the limit is $5,000.00, plus costs.

Something else to consider: since 'Judge Judy' and the other 'TV judges' are full of cases identical to yours, you might contact them. They will send you (and your ex) to their court location and you will get on TV. Looking forward to seeing the program! And if/when you win, you will collect from the program, and not be reliant on your ex to pay your judgment!

------------------
Steve Halket
Judgment Recovery of Houston
[email protected]
-----------------------
This is my PERSONAL OPINION and is not legal advice! Consult your local attorney for your specific situation and laws!

[This message has been edited by Halket (edited July 06, 2000).]