Legal Question in Civil Rights Law in Pennsylvania
hi i was with this guy for 10 years and we recently broke up and he is now refusing to pay off his bills he owes. Ill explain he bought me a 600 camera before we broke up he didnt have the money on him at the time so i used my charge card for him like i said it was a gift to me he was being pretty good about it and was paying 50 a month now he refuses to pay anymore which he still owes about 300 more on it i didnt get anything in writing because i didnt think i had to we were together for 10 years i probably still got text messages from him regarding paying it and i probably got witness but they are family and friends so i dont know how that would go. he also owes my brother about 200.00-250.00 more still on a rental van we rented to go on vacation while we were still together my brother used his charge card as well and it was my brother pay half and my ex was to pay the other half like i said he was giving money up til now he is refusing i was wondering do i have a case or not since i dont have any legal contract but a verbal one
1 Answer from Attorneys
This is not a civil rights question. I assume since you ask "if you have a case" that you want to know how to collect from him so this is a collection type of question.
Really, its going to be more trouble than its worth unless he still lives in PA. What kind of a loser is he that he buys you a "gift" and has you put it on YOUR charge card? I am a lawyer, not a marriage counselor, but this strikes me as him being a jerk and you being naive/gullible.
All that aside, when was the date of his last payment? Did you live in PA when he allegedly took out this loan, promised to repay and did make some payments? Assuming that the date of the last payment was 4 years or less, since you have nothing in writing, I assume this was a loan that was repayable on demand. What I would do is write him a letter and send it via UPS?FedEx. And keep a copy for yourself. Remind him in the letter that he "borrowed" the funds to give you a gift, that he repaid some of the funds and that he still owes you $300 regardless of the fact that you have broken up. Tell him that he has 15-30 days to make arrangements to give you what is owed. Tell him he can pay something less than $300 (or whatever the balance is - you need to make him an attractive offer - that he will say yes to - better to get $150 and be done with him than hold out for the $300). Say if he pays whatever amount you agree on, he will be done or he can continue to pay $50 every month from July to December. If he does not contact you in the 15-30 days, then you have no choice but to pursue legal action.
If he lives in PA, then you can sue him in small claims in the county where he resides. If he does not live in PA, you will need to sue him in small claims in the county and state where he now lives. Some states allow wage garnishment, so this may be a good thing, but if he lives in California, its not going to be worth the cost of a plane ticket to pursue this. And no, you don't get your traveling expenses back.
Its up to your brother to get back what this guy owes him following much the same procedure. Instead of stating that he loaned the guy money, your brother would state that he and the guy had an agreement to share expenses and the guy did not live up[ to his bargain. He would recite whether payments were made and offer to take less if he gets paid or work out payments but ask for the whole sum. If your brother gets no response, then he also would sue in small claims.
Again, this guy played you and your family for saps by getting you and your brother to use your charge cards, Never do this again.