Legal Question in Civil Litigation in California

I signed my boyfriend as a second cardholder and he has me in debt for over 20k.

I gave my boyfriend an amex card last year and now I owe them over 20,000. I want out of the relationship but am afraid that I will be stuck with the debt. Can I sue him for the debt? Also, If I do win what happens if he doent pay me?


Asked on 7/22/08, 8:59 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: I signed my boyfriend as a second cardholder and he has me in debt for over 20k.

Of course you're stuck with the debt; it's your card. Good luck suing and collecting from him, because AMEX will have no trouble collecting from you or forcing you into bankruptcy.

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Answered on 7/23/08, 1:46 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: I signed my boyfriend as a second cardholder and he has me in debt for over 20k.

You are staying in a bad relationship because you're afraid he won't repay you? Get out. Pick up the pieces. Use an attorney and sue him (small claims only goes up to $7500 and it's harder for him to defend a regular lawsuit). If you win either he will declare bankruptcy, or you get to have fun making his life miserable until he pays in full, with interest. Keep good records.

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Answered on 7/22/08, 9:46 pm
JOHN GUERRINI THE GUERRINI LAW FIRM - COLLECTION LAWYERS

Re: I signed my boyfriend as a second cardholder and he has me in debt for over 20k.

If it's your AMEX account, then you are "stuck" with the debt, whether or not you stay with him. The two things are not related.

If he is on the AMEX account, then he's jointly and severally liable. If he is not, then it's your responsibility.

If you have an agreement that your boyfriend will pay for any charges he makes, then if he refuses to pay, you can sue him for what he owes you.

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Answered on 7/22/08, 10:25 pm


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