Legal Question in Civil Litigation in Illinois
authorized user on credit card
My finace of 23 years and I agreed to put items on a credit card for my niece (his god-daughter), she and her fiance agreed to pay the credit card if we did so. My now X is now saying I was not authorized to use the card (I was an authorized user though) and he is suing me for payment of the $15000 rather than suing them. He says I told him I would pay him, but I never said that. Wouldnt that have to be in writing? Am I legally liable to pay this, and will he win in court? What are the Illinois laws regarding these things? The Judge already denied his Motion for Summary Judgement. We all live in IL. My attorney seems to think I will lose if we go to court and I don't understand why since I was an authorized user and supposedly am not responsible to pay the card, as per terms of agreement of the cards. Any explanations or help is appreciated! LP
1 Answer from Attorneys
Re: authorized user on credit card
You may have some liability. However, why don't you file a third party complaint agasint your niece and her fiance? That way, should you lose agasint your ex, you have recourse against them. You also should ask your attorney about filing for dismissal for failure to add a third party. Perhaps there are facts that may allow for such a motion. Good luck.