Legal Question in Credit and Debt Law in California

Suing a joint credit account holder for wage garnishment

I helped my former best friend open a credit card as she had no credit and I had excellent credit. She received the card (I never received a card to use) and she accepted responsibility for making the payments each month and orally agreed to never go over $1000 and to pay off the amount in full every month. I found out half a year later that she had maxed out the card over the $4000 limit and had missed one month's payment and then wrote a bad check the next month. I didn't know about her violation of our agreement or about her missing payments until the credit card company called me to collect (the bill went to her and despite my requests, the company will not send a bill to both of us). I have since had her sign a contract stating that she will stop charging on the account and will give me $150 cash on the 30th of the month and I will then make the payment. She has repeatedly violated this contract by making payments on her own and running up new charges on the account. The account is now closed. Can I sue her to garnish wages? I am worried that she will write another bad check and my credit will be damaged further. What legal recourse do I have to protect my credit and money?


Asked on 6/07/05, 10:32 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Suing a joint credit account holder for wage garnishment

The following is for anybody who reads archived LawGuru posts:

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HERE IS YET ANOTHER CO-SIGNER POST.

THEY ARE ALL THE SAME.

THIS IS WHY YOU SHOULD NEVER EVER COSIGN, ANYTHING, FOR ANYBODY!!!!

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Sue her in small claims court for up to $5000 without a lawyer. See the small claims court book (and the enforce-your-judgment book) from nolo.com which is also at your courthouse law library or local public library. If you are very very lucky, she will not file for bankruptcy and leave you holding the bag for the $4000. Your credit should recover over the next seven years or so.

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Answered on 6/07/05, 1:12 pm


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