Legal Question in Credit and Debt Law in California
ex-fiance used my credit card and does not pay
my ex-fiance used and owed 4 of my credit cards for approximately $50,000 and wrote a promisory note that he will pay off everything July 1, 2007 while supposedly making payments of $2,000 every 2 weeks. but was not fulfilled. he is not good in keeping up with his promises. i've been doing balance transfer from one credit card to another as per his instruction since i have no means of paying it myself. most of the time they are paid late because of not fulfilling his promised payment. he threatened of taking me to a lawyer or file for bankruptcy if i do not follow his instructions. i am already married to another person and i need to move on without the debt he made on my credit cards. he used to be an authorized user on my credit cards until he forced me to take out his name or else he will not make payments. what is my best course of action. i do not want to file for bankruptcy. he had failed to pay for several months now.
1 Answer from Attorneys
Re: ex-fiance used my credit card and does not pay
As long as the Note is drafted correctly and obligates your ex to the monies (and does not identify the monies as a gift), then you can likely sue him and obtain a judgment for the balance, including interest.
I don't understand your comment about him forcing you to "take out" his name or else he will not make payments. I don't know what "take out" means. Was that a condition of the Note?
I suspect nothing can stop him from filing for bankruptcy; still, many people use that threat. The best response, in my opinion, is to ignore it. Either he is going to pay the debt or he is not.
It's probably time to sue.
If you need help, contact this office. We handle collection litigation nationwide, typically on a contingency.
Good luck.
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