Legal Question in Civil Litigation in Missouri

My ex step-mom asked me back in 2005 if I would open a credit card(I had gotten an offer in the mail at her place) and let her charge plane tickets to it so that she could take my brothers to FL. I agreed to this as long as she would make the payments to the card to pay off the debt. Until the debt was paid the card was to be unused. At first she had decided to make the payments online and I had the statements sent to me(I was not living with her at the time this happened), then when I had to call her several times about making her payments(the min bal on time) we decided that the bills would go to her address and the contact phone number on the card would be changed to hers. I trusted her to handle this(big mistake on my part) I checked in on her progress several different times with the card company, then had to call her and tell her that she needed to make the payments. The card was eventually over the limit with late fees and with her not paying it the account was closed. I continued to go round and round with her trying to reason with her to pay the debt, and finally in 2008 I took the account back over. I had the address changed back to mine as well the the phone number and paid off the account in 2009. My question is how long do I have to file a civil suit in MO and would I even have a case? The amount on the card was around 2,000 and could I get more for the damage done to my credit? I have no records of our talks but would my bank statements showing the payments as well as proof from the credit card company of all the charges and address changes and when they occurred be sufficient? I can also prove that I was not living with her the entire time of this ordeal.


Asked on 1/20/11, 6:34 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Generally one has five yers to sue on an unwritten agreement. There may be abaiss to say that you have writing here, which coudl giv eyou ten years. But, you should assume that you have five yeras or less to bring suit. That time sartee whe you alloed her ot use the card, but may be extended by her use. Therefore, you should not wait past five yeras form the last date she charged ont eh acocunt, or paid on it. But, you may be able to bring the suit unpt ten years formteh last date she paid. To be safe, don't wait.

It is impossible to predict if you will win. These cases are very fact specific. The amount in dispute seems large enough to justify you hiring an attorney to atleast help you draft your pleadings, if not represent you fully in the case.

Good luck

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Answered on 1/26/11, 10:27 am


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