Legal Question in Civil Litigation in Colorado
debt collection
I allowed a person to charge $1000.00 on a credit card on the condition it was paid off the following month. The next month's statement indicated that this person charged over $9,000. When confronted she agreed to pay it off and would start making payments. She made a few payments and stopped. My credit is damaged and now have a Credit card debt that I did not charge of over $13,000. She will not return phone calls or emails. I've tried to work with her and recently made an agreement with the credit card company to pay $140/month for one year and she agreed to pay this, however only paid two months and has stopped. What can I do legally to collect from her? I have called and spoken to the credit card companie's fraud dept and they refused to do anything because I gave her permission to use the card.
1 Answer from Attorneys
Re: debt collection
You can sue her personally, but it sounds like she may be judgment-proof, meaning she'd probably have to borrow another one of your credit cards to pay you back.
You can also make a police complaint of theft, though even this route may prove difficult, because it appears, based on your math, that you continued to let her use the card to charge another $4000 even after you found her out.
When you file your taxes next year, you might charge this off as a bad debt.
Good luck.
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