Legal Question in Credit and Debt Law in Illinois

To be as simple as possible, I have a question regarding my options for credit card debt that was accrued during a long-term relationship that ended due to infidelity about one year ago, now. I was left with a debt of a little over four thousand dollars, which had been accumulated via grocery bills, electric bill payments, entertainment, plane tickets, etcetera.

My fiance and I had a verbal agreement, from the first charge I ever made onto the card, that we were 'in it together'. The charges were accrued by he and I, in agreement, during the time span of a few years. A year after the breakup, he has helped perhaps twice with payments, not exceeding the amount of $260 altogether. Otherwise, he has informed me that he cannot help. I took the responsibility upon myself, for I had no desire to communicate with him after the emotion stress of the breakup.

But now, I am ready to stand up for myself, and see that his debt is paid. I have e-mails, and even a hand-written note he wrote just before the final breakup stating 'I will not leave you with a credit card bill that I am just as responsible for.' I have asked him to take responsibility for $2,000 worth the debt - the balance at the time of our breakup was $4,253.40, and it has now been a year, with me making all the payments, and of course, the interest has made a dent overall. I thought this amount was more than fair, considering.

However, now he has seen it fit to argue the facts with me, and create a horribly stressful event out of my request. So, instead of this back and forth, I hope to seek a bit of advice here, so I know where to go with this. Am I in the right, or no? What are my options?

Thank you,

Kari


Asked on 4/04/10, 7:39 pm

1 Answer from Attorneys

David Labovitz Labovitz Law Firm, P.A.

Hi Kari. With some good recordkeeping to be able to show specifically what the charges were used for, you might have a good case for recovery in small claims court. Of course if you do sue him, win the case and obtain a judgment, then you will still have some work left to do to collect on the judgment.

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Answered on 4/09/10, 7:59 pm


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