Legal Question in Credit and Debt Law in Maryland

Please Help Me get my money back
Two years ago a ''friend'' of mine used my credit cards to purchase lots of things totaling roughly $8,000. I signed for some of the purchases with the agreement that she would pay the bills. We never had a written agreement,however she did pay the bills directly to the credit card companies. I have since moved from MD to PA and she refused to pay any longer. I have been unable to pay these and have since been forced to file bankrupt. I am wondering what my legal rights are?? Even though I have no proof that she agreed to pay, I do think that proof could be obtained from the credit card companies or at least from her bank. She paid every month with a check written to my bills from her bank account. If I do not have a legal right to the money do I have a right to the items that she bought?? Please help me this is causing me nothing but stress!!!

Asked on 7/13/04, 7:59 pm

1 Answer from Attorneys

Carolyn Gilden Krohn Law Offices of Carolyn Gilden Krohn

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Re: Please Help Me get my money back

You do not say what chapter you filed or when you filed, but I am assuming that you filed a chapter 7 and you filed it after your friend received the benefit of those charges. When you filed the bankruptcy, did you list those creditors you are referring to? If so,you should not owe them any longer. Even if you did not list them, but you had a no asset case, your debt to the credit card companies may be discharged anyway. You should also have scheduled your claim against your friend as an asset. If the bankruptcy trustee "abandoned" his or her interest in that claim, it is yours to pursue against your former friend. However, since you apparently did not pay the debt anyway, you may have trouble suing your friend for it - moreover, since you no longer owe the debt you may wish to think about how much stress it will cause you to pursue it and collect against a deadbeat. You do not have the right to the items she bought unless you obtain a judgment against her and attach her personal property.

Carolyn G. Krohn

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Answered on 7/14/04, 3:43 am

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