Legal Question in Credit and Debt Law in California
Collecting Credit Card Charges from exfiance for auto repairs
My question is: If my exfiance charged auto repair services on my credit cards and I have proof that the charges were made on her vehicle, can I legally collect the balance from her in court? There are also Credit Card Balance Transfers made to my accounts from hers that I need to collect. Can I also request half of other expenses such as MLB season tickets, dog boarding, hotels and travel expenses, car rentals, veternarian expenses, etc.?
My exfiance whom has lived with me for 4 years and 2 months without paying rent or utilities, food, she was also given her first job by my family where she worked for 3 years of our relationship.
I'm not asking her to pay me for any gifts I had bought her, I just want her to claim responsability and pay the credit card charges that are her expenses and at least half of the other charges listed above that I would not have had as expenses without her.
2 Answers from Attorneys
Re: Collecting Credit Card Charges from exfiance for auto repairs
Thanks for your posting, and the simple answer is YES. As you observed, the issue is whether or not these charges were a gift. If there was an agreement that she was to pay you back, then it is a contract, no matter how informal, not a gift.
Although some people would consider it the height of bad taste, you may sue her to recover costs that she had promised to pay back during the relationship.
Thanks, and best of luck.
Re: Collecting Credit Card Charges from exfiance for auto repairs
You might be able to convince a court, or jury, that you made this line of credit available to her on the condition that your relationship found fruition in marriage, which I'm sure you did, but did she ever make such an acknowledgement? Otherwise, I am afraid all of the items will be looked upon as a gift, even though you may not have meant it so, without the condition being fulfilled.
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