What to do if my ex-boyfriend and I charged $24,000 on my credit card and he signed paper agreeing to pay me $10,000 but now refuses to pay?

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What to do if my ex-boyfriend and I charged $24,000 on my credit card and he signed paper agreeing to pay me $10,000 but now refuses to pay?

My boyfriend and I of almost 7 years recently broke up. I have a total of $24,000 credit card debt under my name which we both accumulated. He signed a paper in front of a notary agreeing to pay me $10,000 within 30 days as his share of my debt. He has now hired an attorney and said he will not be paying me any money for my debt. The lawyer states that he did not sign a legal contract but more of a gratuitous promise to give me money and he refuses to do that now. Having that signed paper, can and would it be worth it to hire an attorney and take him to court over it? What are my options?

Asked on December 29, 2011 under Bankruptcy Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I see the legal point that your former boyfriend's lawyer is trying to make about a gratuitious payment of $10,000 to you on the credit card debt where the agreement he signed supposedly was not with any consideration (value) when he signed it.

However, the notarized agreement that your former boyfriend signed could in and of itself be deemed an admission that he received a benefit from the $24,000 in credit card debt incurred under your name.

I suggest that you consult with an attorney that practices law in the area of contracts to further assist you concerning the situation that you have written about. From a practical manner, your former boyfriend, assuming he received benefits out of the $24,000 charged on your credit card should pay you the $10,000 he agreed to pay you in the document you signed.


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