Legal Question in Civil Litigation in California

being sued by an ex for old credit card bills

3 years ago my 3-year relationship with my live in fianc�e ended. During our relationship he had inherited a truck which we had decided to sell to purchase a better car. We sold it and received $1500. Needing $1500 he took the money out from his credit card. The title was in both of our names and we used it equally. I agreed to help in paying the credit card and did so to about $500 until we broke up. At which time I closed our IRA, which I had opened and been solely paying, and our saving/checking account. All the money from his IRA went to him & I gave him half of mine and half of our saving/checking account. He said it was the fair thing to do, so I did it to make him happy and to hopefully satisfy his credit card bill. Later he came to me and said he needed help paying the credit card bill. I agreed to help and made payments until 4/2000 totaling $500. Time passed we stopped talking & seeing eachother & haven�t spoken since my last payment. 9/6/00 I receive a letter demanding that by 10/1/00 I pay $1000, the balance of the bill since I stopped paying in April, $1500 from the truck that was sold and 22.25% interest for a total of almost $3000! If I don�t he will file suite. Is this in any way justifiable?


Asked on 9/07/00, 3:01 pm

1 Answer from Attorneys
John Hayes The John Hayes Law Offices

Re: being sued by an ex for old credit card bills

Unless you were legally married, he was entitled to nothing when you broke up. You did not have to give him anything that he did not contribute to, let alone an IRA that you were the sole contributor to. You do not have to pay him the balance of this credit card bill. If there was any agreement at all it was for you to help him pay the debt not pay it entirely. I assume he got the vehicle in question. Since he did, you are not responsible for the cost of paying off the debt he incurred in purchasing it. You already paid him money he was not entitled to, don't let him bully you into paying more. If he does file a lawsuit, make sure that you file an answer with the Court within the time specified on the Summons. This guy has taken advantage of you, don't let him do it again. If you need help filing an answer in a Court other than small claims, please feel free to contact my office at 877-546-9918. If he files in Small Claims court, you can go down to the clerks office and get help from the small claims court advisor.

Sincerely,

John Hayes, Esq.

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Answered on 10/06/00, 1:42 pm


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