Should I take my ex-boyfriend to small claims court regarding a camera that I put on my credit card but that he has failed to pay me back for?

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Should I take my ex-boyfriend to small claims court regarding a camera that I put on my credit card but that he has failed to pay me back for?

I was in a relationship with my ex-boyfriend for about 3 years. Long story short I bought a camera with my credit card and he promised to pay me back. The amount of the camera came to $5,000 and he only paid $2,800. He is making things complicated and it sounds like he is not going to pay the remaing $2,200. Do I file a dispute for the small claim or take further action.

Asked on May 7, 2012 under Bankruptcy Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If there was an agreement for him to repay and he has either violated that agreement by not missing or not making payments, or in some way has indicated he will not pay ("anticipatory breach"), you can sue him for breach of contract (even if it was an oral, rather than a written, agreement), for the money he owes you under it. For the amount you indicate, filing a lawsuit in small claims court, representing yourself, would be a good option. You would need to prove, by evidence (e.g. texts, emails, any written agreements, etc.) and/or testimony that there was an agreement to repay, its terms, and what he owes you.


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