Unpaid loan, statute of limitations

[HeatherRE]

I'm a resident of Maryland. I was in a longterm relationship approximately two years ago, and my boyfriend was an authorized user on at least two of my credit accounts. Shortly before the break up, he made several purchases totaling over $1000. He agreed then to pay off the debt; he made a few payments to both me and the companies, but he never paid the remaining $900. Avoiding finance charges, I paid all accounts in full. Over the past two years, we have communicated only through email. I have done my best to be patient regarding this money. Both of us are struggling students. However, I'm beginning to wonder if he ever intends on squaring away the debt. Within the past month, I have emailed him about setting up payments, but he has basically avoided settling this. I'd like to know if it's too late to take him to small claims. I have never had to resort to such drastic measures, and I'm not certain how to go about filing and such. Would the best option be for me to inquire at the courthouse? Any help or information would be greatly appreciated.

Heather
[email protected]

 

[JETX]

Do any of his emails acknowledge that the money in question were loans and not gifts??? If so, they can be used to support your claim. Otherwise, it will just be your word (loans) against his word (gifts).

If you can prove that they were loans, you will probably have a good case against him and proceed to the next steps:
1) If you do get a judgment, will he pay it, or be able to pay it??? Since you know him, only you are able to answer that one.
2) If he refuses to pay the judgment, does he have any non-exempt assets in Maryland that could be seized to enforce the judgment? Again, only you can answer that one.

If the answers to either of the above are yes, sue the guy in Small Claims court. Do it now before the Statute of Limitations makes your claim DOA!!
http://www.marylandlawonline.com/md/smallclaims/howto.htm
http://www.peoples-law.com/peoples/md/smallclaims/small.htm

 

[HeatherRE]

Additional information

Thank you so much for your input. After asking my initial questions last night, I did some research about the process here in Maryland. I was surprised to learn that the suit must be filed in the DEFENDANT'S county/state of residence. Is this correct? If so, I neglected to divulge a crucial detail. My ex doesn't live in Maryland anymore; he resides in Rockingham Co., VA. And as a matter of fact, these purchases (of which I still have the original bills) were made in VA, not MD. Also, it seems as if I need to know his address. I think my next task is to figure that out (I know where his parents live, and maybe they will help me). Information such as DOB and social security number wouldn't suffice? Thanks again.

Heather