Can I file an action against my ex if he refuses to pay interest on a credit card that I used to pay for a trip?

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Can I file an action against my ex if he refuses to pay interest on a credit card that I used to pay for a trip?

My ex-boyfriend and I took a trip to CA over 2 years ago. We didn’t really have the money for it at the time so I decided to put the costs on a credit card I just took out with a 0% promotional rate. He owed me about $1300 and has been taking his time paying me back. I have to constantly e-mail him and even then, he always has these excuses. So I’ve decided that he needs to pay for the interest I’ve had to pay. Do I have a case if my only proof that he owes me money is through e-mail?

Asked on April 8, 2011 under Bankruptcy Law, New York

Answers:

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

Answered 10 years ago | Contributor

The problem with using emails to prove a contract as between two parties - which is what you are trying to do here - is that it is often difficult to try and prove that the person writing or responding to the emails is the "party to be charged" as they say in contract law.  Yes, I know, it is his computer and email account, but people can be hacked or give their passwords to others or a whole host of other possibilities.  If the e-mails impart some details of the trip that only you and he may know then that could be a form of proof but again that information could be imparted to others and then discussed with you.  You may be better to go the route of an oral contract and showing the emails in support of that with pictures of the trip, copies of bills, momentos, etc.  And sue for half of the bill in general.  Good luck. 


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