Legal Question in Civil Litigation in Massachusetts

Hello, my friend Laura and her ex-fianc� purchased a motorcycle with her credit card (very foolish, I know). They have split up and he has the bike and she has $12,000 in credit card debt. She claims that she was only helping him to purchase it. He is making the minimum payment on her card. They are not on good terms and this ordeal is dragging out. They would both like to sell the bike, which is only worth about $8000 now. Also, Laura has no money and very limited income. Even if they sell the bike it is unlikely that he will continue to pay the $4000 difference.

My question is this: Is there a way for Laura to bring this matter before a judge to force a settlement without it costing her? Unfortunately, the limit for small claims in Massachusetts in $2000. Also, does she have any other recourse for resolving this mistake she made?

Thanks in advance for any suggestions that I can pass along to my friend.


Asked on 2/25/10, 8:07 am

1 Answer from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

The short answer is that she has a right of action against him to recover the funds she says he owes. If there is a sale, and there is remainder, that is the amount that is the damages.

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Answered on 3/02/10, 8:15 am


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