How to collect if my ex-boyfriend owes $6,500 on my credit card which is now in collections?

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How to collect if my ex-boyfriend owes $6,500 on my credit card which is now in collections?

One year ago I let my live-in boyfriend use my credit card to buy costumes and props for a show he was going to put on with a verbal agreement he would pay me back. The show never happened and he has not paid a dollar yet so the card is now in collections. I now have texts and proof that he said he will pay but so far he hasn’t and I know he won’t. His bank account is negative, he doesn’t even have the funds. Can I sue him and have his wages garnished? How do I do this? I’m not sure where to even begin.

Asked on January 27, 2012 under Bankruptcy Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I think that you know that you are in a pickle here.  You have an oral agreement and a "loan" of sorts but you will be running into all sorts of legal issues with how this was done.  First, did you add him as an official additional card holder or just allowed him to be a signatory on the account?  If he was an official holder he also bears liability but I am thinking not.  So now you have to sue him based upon an oral contract.  Besides the texts what proof of his promise to repay - which is also evidence of a contract  - is there?  Not sure that the courts will look at the texts. Still not really legal "proof."   And you are probablyover the small claims limit in your state so you would have to sue him in a "real" court.  Check that out too. Maybe sue for the highest amount you can in small claims and cut your losses because the fees in a higher court will be more.   If you obtain a judgement then you can try and garnish his salary.  Good luck. 


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