Legal Question in Credit and Debt Law in Pennsylvania

I do not owe her a penny!

I borrowed a friends credit card- I paid her every cent I owed, in cash- because of matters unrelated, we are no longer friends- now, more than a year later...she says I never paid. The truth is: I paid her- she never paid the credit card company-she is now suing me for the amount I owed her. Her attorney calls it Unjust Enrichment. She agrees she let me use the card- I agree that I used it- but she says I didn't pay her back- I can't prove that I paid except for a witness who was there when I gave her the cash-he is willing to testify for me. My question is: Obviously the credit card company can't make me pay, because the credit wasn't in my name- it was her card and she is responsible for charges made- if they can't hold me responsible...how can she? How do I defend myself against this whacko? If she wins, wouldn't it be the same as if I said I loaned you 1000.00- you paid me back- and then I say you didn't...well, do you owe me 1000.? Being that I am being sued, isn't the law on my side? Doesn't she have the burden of proof? I think this is ridiculous- anyone could say anyone owes them money! How do I defend myself? Please help me- I really cannot afford an attorney, so I filed my own Written Appearance for the court.


Asked on 6/08/04, 7:45 pm

1 Answer from Attorneys
James Apple Apple and Apple, P.C.

Re: I do not owe her a penny!

You need to file an answer to their Complaint (if this in the Court of Common Pleas)and be prepared to take your witness with you to the hearing, along with any other proof that you withdrew this cash to pay her. She has the initial burden of proof, but she can overcome that burden by testifying that you owe her this money. This is why we lawyers tell people to put things in writing, especially when dealing in cash. If you did not pay her, it would be unjust enrichment, but the Court can only decide cases based on evidence presented to the Court. Please contact me with any further questions.

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Answered on 6/09/04, 10:25 am


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