Legal Question in Civil Litigation in Massachusetts

responsibility for paying a bill

my friend agreed to use his credit card to pay for a repair on my car 7 months ago. we have not had a relationship since then. i called the dealer beforehand to see if it was okay, since i did not have the actual card, my friend just gave me the number, etc. they dealership stated that this was fine. my friend now refuses to pay the bill, the cc company has taken the money back from the dealer, and the dealership is now hounding me to pay the bill and is threatening to take me to court. is this my responsibility to pay? i believe that i did what was right by asking the dealer beforehand if it was acceptable to use a friend's cc, even if all i had was the number, etc. since the dealership stated that this was fine, why should i be responsible? shouldn't it have been the dealer's responsibility to know that they needed the signature of the cc patron? i cannot afford to pay this bill. thank you for your help.


Asked on 4/19/05, 7:18 pm

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: responsibility for paying a bill

It sounds like it was your car that was repaired, and you owe the money. A promise by someone else to pay is hard to enforce, especially under these circumstances. I also wonder,if it is your car that was repaired, why you feel that it is your ex-friend's responsibility; it is unclear from reading your issue.

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Answered on 4/19/05, 7:37 pm
Barbara C. Johnson Law Office of Barbara C. Johnson

Re: responsibility for paying a bill

If I were on a jury, I would vote for the dealer.

Young lady, face reality. You had broken up with your friend. You suckered the dealer into acceptintg your friend's number.

You did not call your friend ask if he/she was still interested in putting your car repair on his cc.

You had better start facing reality or that friend is not going to the only estranged friend you have.

Start thinking about honesty and ethics and try to sucker him into a payment plan with the dealer. He can, of course, put a mechanics lien on the car and keep it until you pay. If he does not trust you, it is because you proved to him he cannot.

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Answered on 4/19/05, 8:56 pm


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