Legal Question in Credit and Debt Law in California
Credit Card Payments Due to Me from Ex-Girl Friend
My Ex-Girl Friend when we were together had a credit card in my name with hers on it as well to use. The agreement was that she was to make these credit card payments. Since we broke up she has stoped making payments on this credit card and I had to cancel her name on it and I am now making the payments. I have to beacause I was the primary holder on the credit card and now have no choice but to pay . Can I take her to small claims court and win?? And what county do I sue here in, mine or hers?? Thanks Kevin
2 Answers from Attorneys
Re: Credit Card Payments Due to Me from Ex-Girl Friend
Are you familiar with the expression, "To have a wolf by the ears?" Your life may be a lot happier if you forget forever about this debt, except to pay it and to take care that you are never again the same predicament. You say there is an "agreement." Is the agreement in writing, signed by your ex-girlfriend? It is easy to imagine that one person's testimony about an agreement will be a lot different than the other person's. Maybe your ex-girlfriend will be able to convince a judge that not only does she not owe you anything under the agreement, but you owe her for various things under your partnership together, perhaps even including palimony.
Re: Credit Card Payments Due to Me from Ex-Girl Friend
Yes, you can sue her in small claims court, assuming the debt is less than $5,000.00. Whether you win or not depends on the specific facts of your case, as well as outside factors over which you have no control. However, the costs associated with small claims court are minimal and might be worth the potential recovery.
If you are going to sue in small claims court, you can bring suit either in the County in which the agreement was made, or in the defendant's County of residence.