Legal Question in Civil Litigation in New Jersey

Re: Problems with Ex-friend/girlfreind and payment of credit card bills

You can sue. Here are several things to consider:

Suing her will likely forever end any chance of getting back together.

You can sue in an Illinois court, have her served with papers in Pennsylvania, and make her come here to defend. One the flip side, if you are awarded a money judgment here in an Illinois court, there�s still a good chance you�ll have to enforce the judgment (i.e., collect) in Pennsylvania because that�s where her assets (e.g., bank accounts, etc.) are probably located.

If the amount you sue for is under $5000 you can sue in small claims court; for many, this procedure is straightforward enough that it can be done without a lawyer. (but remember what Judge Wapner always said, �the person who is prepared is the one who usually wins�). Remember: you still have to collect agaist the judgment.

Keep in mind that YOU must prove your case to prevail. Things that seem simple can become complicated. For example, she might contend that some or all of her use of the card was a gift, or in repayment for something she had done for you, or that, for at least the time you were together, she made cash purchases (i.e., food, entertainment, sundries) while credit card purchases where on your card.

There�s more to consider. A personal attorney-client relation would allow you to provide more info, ask more questions, and receive more help.

This e-mail reply does not constitute legal advice and does not establish an attorney-client relationship. We provide responses to email questions for information purposes only. The information is provided as a convenience, and we make no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the information.

Re: Problems with Ex-friend/girlfreind and payment of credit card bills

First, you smarten up and do not give someone a credit card of yours. If you haven't learned that by now, at least have a written agreement between you. I also would not use a card I gave to someone else, so you can keep straight what charges are hers.

About your current situation, I would make a detailed accounting of what she charged. Send her a letter, explain that you are hurt by her breaking her agreement with you. Point out how good you have been to her, by letting her use your card and trusting her without a written agreement. Tell her that she not you is responsible for you having to cancel the card, and that you still expect her to honor her promise to pay for her obligation to you. Ask her to send you $X (a reasonable amount each week from her pay) toward her obligation. Send her the accounting (do it on a computer - date, store, amount and description, if it is on your statement). If she made any payments toward the money she owes you, note that in your accounting, and mention it in your letter to her (Thank you for the payment in June 2002 of $500 toward your charges on my card, but that still leaves a balance of $XX). IF she starts sending you payments, or made any in the past, it will help to show she was expected to re-pay the charges, and to fix how much she owes you.

If she won't pay you anything, you will need to file suit in PA, where she resides.

Good luck, and learn from this. It's great you are generous, but in the future, just don't be generous and foolish!