Legal Question in Credit and Debt Law in Illinois
Collect from a relative
My sister in law recently came into some money and she did not have a credit card in her name. It was easier to purchase with a credit card. I had a zero balance credit card and had one issued in her name. For about a year, every month she paid the balance in full if it was $1,000/mo or $10,000/mo. Since April 2003 for some reason she stopped paying the bill and gave us stupid and untrue reasons as to why she didnt pay it. The bill is up $10,880 w/no pymts since 4/03. I do not have any money to pay this bill. She signed for all purchases. I have requested all statements and copies of the signed receipts. I can not take her to small claims court since it's over $5,000. Where can I go or what can I do to attempt to claim this money back from her. I called the credit card company and they are trying to help me out as well in regards to lower minimum monthly payments.
Thank you.
3 Answers from Attorneys
Re: Collect from a relative
Small claims include any actions under $30000. And, regardless, even if you cannot sue in small claims, there is nothing stopping you from pursuing the action in civil court. There are pro se help counters in many court houses. The only way to clear this up is to take it to court.
Re: Collect from a relative
First, cancel the card (or at least her authorized use of it). Then, send a demand letter, threatening suit if she does not comply. Third, if the demand letter fails, sue her, alleging breach of contract, fraud, conversion, etc.
-- Kenneth J. Ashman; www.AshmanLawOffices.com; [email protected]
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Re: Collect from a relative
An action in court is the only way to collect the money. Assuming you obtain a judgment the law offers powerful means of collecting the money from the individual such as wage garnishment and determining the assets that one owns to help satisfy the debt.
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