Legal Question in Civil Litigation in Florida

Can ex-friend sue me over use of credit card

Hello,

A guy I know and who had a liking for me used to kind of hang out together. He was very generous financially. Basically in a nutshell, he said I could have 2 pairs of chanel sunglasses for xmas, so he gave me his card info and let me get them. I also told him I wanted other things and he did not mind, so I bought other things. He got the bill and said he didn't know, and keep in mind between me getting the stuff and him getting the bill, I became distant b'c I starting realizing he was just plain strange and not for me. Now he says I owe him $7,500.00. Almost 3 years has passed, I keep saying I can't pay him but will try my best. I'm a student and broke. I want to move on. What should I do? He threatens to take legal action, but how can he prove I got these without his permission? I had his card info because of him and he knew I was purchasing. He has proof of the purchases and all that, but that doesnt mean crap in my book, how does that prove I got all of it without his knowledge? I want to resolve this and am afraid of him kind of, so I keep telling him I'll pay him back and am sorry for doing it, when I shouldn't be sorry or feel bad b'c he knew what I was doing!!! Help please, I'd like to clear my life of this! :)


Asked on 4/22/05, 5:42 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Can ex-friend sue me over use of credit card

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

I think that you have two choices. The first is to try and reach an agreement with this gentleman over the amount of money to be repaid and how it is to be repaid.

The second is to simply ignore this issue for a bit longer. Most legal actions have a four (4) year statute of limitations after which he can no longer bring any action against you. Please keep in mind that if you begin repaying the monies and then stop, there may be further consequences including a new time for the statute to run.

I strongly suggest that you consult with a local attorney regarding the specific facts of your situation.

Scott R. Jay, Esq., 305-249-8000

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Answered on 4/24/05, 5:23 pm


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