I need help!!!!!

[michelle6]

I was engaged to this guy last year. I let him use my credit card to buy something he needed with the understanding that he would be responsible for paying the bill. Then about a few months later, I co-signed for him to get something else with the understanding that he would be responsible for paying the bill. Well for awhile he was paying them. Now he hasn't paid them for several months. He has attempted to pay the second bill, but his checks bounced. I would like to know how I can go about suing him for the money he hasn't paid because the creditors are threatening to garnish my wages because he's not paying the bills and they are in my name. Do I have to pay off his debts before I can sue him for what he hasn't paid? Or can I force him to return the property to me since he isn't paying for it? If he's not paying for them now, is there a possibility that he won't pay me even if a judge rules in my favor? Do I even have a case???? Please help!!!!!

 

[JETX]

First, the simple question... Do you have a case?
The answer is maybe. If you can PROVE that the funds in question were a loan, you can very probably get a judgment. However, your using the term that it was an 'understanding' does not bode well for your case. An 'understanding' of payback does not mean that a loan occurred. You need some more substantial evidence. The checks that he has written (that bounced) could go a long way to showing that he was paying back... can he argue that they were for another purpose other than to pay back a 'loan'??

Can you collect on a judgment?? No one knows. If he has some non-exempt assets, you might be able to recover. However, if he lives paycheck to paycheck, rents, has no assets, you probably will not get anything.

Do you have to pay his debt?? Maybe. If you can show that you have sustained damages (made payments for him), you can at least attempt to recover them. And you can ask in your suit that the court consider your future 'damages'... they might, or might not.

Finally, unless the creditors have already taken you to court and gotten a judgment against you, they CANNOT garnish your wages or seize your assets. This is a common 'lie' that they threaten people with. You need to read the FDCPA at http://www.ftc.gov