• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

legal advice?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

D

downintexas

Guest
I am located in Texas. My girlfriend allowed her previous boyfriend to rollover his debt (about $6,000) to her credit card to take advantage of the lower interest on her card. of course they are no longer together now and he refuses to pay off the debt on her card and the card in return has cancelled her credit card. she has documents that acknowledge the debt is his. she only has his telephone number and does not know his address. since she does not know his address, she cannot prepare a small claims complaint. any advice on how to proceed or even if she has a chance at winning in court?

thanks
 


JETX

Senior Member
First things first....
Of course she has a 'chance' of winning if she sues. The real question is what are those chances. And without some PROOF that the transfer of debt was a loan (and not a gift), the chance of winning is slim. Naturally, these odds can be increased with better proof that this was indeed a loan.

Now, to your other issue.... locating him.
Texas does allow 'service by publication' when the defendant cannot be found. There are some inherent weaknesses in this process, but it is available (Texas Rules of Civil Procedure).
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top