Legal Question in Credit and Debt Law in California

UnAthorized Credit Card Charges
Please help me! I don�t know what to do. I live in California and my ex boyfriend lives in New Mexico. During the time he was boyfriend he used my credit card without my permission in New Mexico. When I got my credit card bill and discovered this I kicked him to the curb. I�ve called my credit card company and reported this however there is one charge that they will not reverse. In the beginning of July our friend got married. He asked me to purchase the ticket on my credit card (he did not have a credit card). He said that he would pay me back when he came down but that never happened. He owes me 350.00 plus interest. He has paid me 50.00 thus far with a money order however now he will not return any of my calls so I assume he is unwilling to pay me the rest. My question is this. Can I take this to small claims court and if I can, what city? Can I do it in California since this is where I live and bills come to here? Is there any other suggestions on how I can recover the money?

Asked on 7/29/05, 1:06 pm

2 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

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Re: UnAthorized Credit Card Charges

The airline ticket was a charge authorized by you, so this issue is between you and your ex-boyfriend. You can sue him in small claims, but the location will depend on a number of factors. If he lived in California at the time of the charge or if the agreement to for him to repay you was entered into in California, you MIGHT be able to sue in California. I would stop by the local small claims court and talk to the small claims legal advisor (a free service) in more detail about your case. I also have an article on my web site about using small claims in California: http://www.chs-law.com/2005/02/using-small-claims-court-part-i.html

Answered on 7/29/05, 1:15 pm

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