Can I sue my ex-girlfriend for charges she made on my credit card?

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Can I sue my ex-girlfriend for charges she made on my credit card?

I had opened a credit card account in my name and got a second card in my girlfriend’s name for her use if she had an urgent need. And she was supposed to pay me for her charges. She stopped paying me and charged thousands. I have asked her for only $1800 of the amount. She refuses and says I have no legal case.

Asked on September 1, 2011 under Bankruptcy Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If there was an agreement that she would repay you for any charges she made, that agreement *is* enforceable--basically, it was a loan agreement (she borrows money by charging on your card; she would then need to repay the loan). If there was no agreement that she repay, but instead you were letting her use the card as a gift, then she does not need to repay it now--you cannot change the terms after the fact. So the issue will depend on what exactly was said and agreed to when you gave her the card. If the agreement were oral or verbal, it is still enforceable legally--though as a practical matter, it can be very difficult to prove the terms and even existence of an oral agreement, if the other party to the agreement disagrees with what you say.


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