If an ex-girlfriend owes me money on a credit card and she promised to pay but hasn’t, what can I do?

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If an ex-girlfriend owes me money on a credit card and she promised to pay but hasn’t, what can I do?

There is text that she was going to pay.

Asked on September 11, 2015 under Bankruptcy Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If there had been an agreement that she could use your card but would have to pay for her charges, then you can sue her for breach of contract not honoring the agreement, promissory estoppel making a promise to you to get you to let her use your card, then not carrying through on the promise--there are a few more details to this cause of action, but that is the crux, and/or unjust enrichment--being unfairly "enriched" by getting to use your card and charge against it without paying for it. As long as you can convince a court that using your card was not a "gift" to her but rather that there was an agreement for her to pay, then you would seem to have a reasonable or even good chance to prevail. If the amount in dispute is equal to or less than the limit for your small claims court, suing in small claims, acting as your own attorney "pro se" to save on legal costs is a good alternative.


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