Legal Question in Credit and Debt Law in Indiana
repayment of credit card debt
I allowed my friend to use my credit card and pay it off - she told me it was closed but I found out otherwise - I found out she changed the billing address and charged more to the card - when I gave it to her there was a balance of 550 on the card and she charged 450 to the card - now the card is maxed out and I am left with the bill - I have not gotten her in trouble with the credit card company when I found out - she has said that she is only responsible for the amount she put on even though she said she would pay it all - what can I do to collect the money that is due me -
she has told me she will pay only what she charged and she will pay me in monthly payments but I have yet to see the first payment.
2 Answers from Attorneys
Re: repayment of credit card debt
Do I rightly understand that you let your former friend use your credit card, which had a balance of $550, and she was going to put on an additional $450, and she was then going to repay the entire balance of $1000 plus interest and fees? Well, you can forget forever about the $550 of your charges she started with; those charges and the fees and interest attributable to those charges must be paid by you. The $450 you agreed she could use the card for is a simple debt, which she owes to you, and you could have a court judgment for that amount, but that amount is not part of any fraud for which the credit card company would excuse your payment. So you owe the credit card company for at least the $1000 plus interest and fees. (But she owes you for the $450). Now as to the balance of the maxed out credit card, you might be able to prevail upon the county prosecutor to file charges against the evil woman. So I suggest you make an appointment with the prosecutor to proceed with prosecution. Any further contact with your former friend is a waste of your time and energy. If the prosecutor proceeds with the case, then you will probably get restitution from the evil woman as part of her sentencing. You will collect the money when she gets out of jail. You could at the same time get a small claims judgment for the total amount she owes you. See your county clerk for the forms you need to get the small claims judgment. Very likely your former friend is such a deadbeat that no civil judgment will be collectible, so I hope the prosecutor agrees to pursue your case. You should try to explain to the credit card company that you did not authorize the later charges, so they can remove the charges from your bill. This will stimulate them to encourage the prosecutor to proceed with the case. Now I hate to be the one to tell you this, but the credit card company might weasel out of excusing any of the evil woman's charges since you let her have your card in the first place. See Mark Twain's cliche, "No Man Repenteth So Much As He Who Hath Committed a Good Deed." Since you are paying for the experience, you can at least learn from it. Good luck.
Re: repayment of credit card debt
Your friend is likely guilty of crdit card fraud, theft and other charges-I would tell her she has 10 days to pay it all or you will be forced to notify the credit card company that you did not authorize the charges and that someone took your card, used it w/out your consent, etc. You can easily deny signing any receipts/charge slips etc
tell your firend she is in a lot of trouble
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