An ex girlfriend open a credit card in my name and i need to sue her.
2006-10-12 05:27:32 · 10 answers · asked by wpw352 1 in Politics & Government ➔ Law & Ethics
In general, attorneys are not part of small-claims cases. The whole idea of small claims is to simplify the process. There is a question, though, whether you have a small-claims case and, if so, whether you need to go to court.
Here are some questions that need answers.
1. Are you actually damaged? This means: have you actually lost money? You need to be able to show specific damages. (For example: Expenses clearing up your credit, missed work time directly attributable to this, a lower credit score, etc.)
2. If there are damages, does your case increase in worth? Fraud is often eligible for double or triple damages (or punitive damages). If the defendant has enough resources (which I tend to doubt from your question), you might be able to get much more money than the amount small-claims cases are limited to.
3. Could you avoid court altogether? If, as you suggest, a crime has been committed, then allowing the authorities to handle this case could be the way to go. It might be that the ex is convicted and that part of the conviction is an order to pay restitution. If so, you get money back without having to do anything. Even if restitution isn't part of the deal, a conviction (or guilty plea) probably makes any case you bring in civil court much easier for you. (You wouldn't have to prove much since the conviction does it for you.)
Overall, the advice here is to talk to someone who knows better and whom you can give the relevant facts. I've suggested some questions you need to answer.
(By the way, I'm not a lawyer, so don't rely on what I say. Check it out with someone who knows.)
2006-10-12 11:48:53 · answer #1 · answered by howdowncat313 1 · 0⤊ 0⤋
I don't think you need an attorny nec. You can file a claim in small claims court in your local county or district. Maybe they have a web site with info- check there first- there are limits on the amounts and such. Also, I hope your digging up as many records and pp about it as you can. If you co-signed on this card then you are liable for half with the credit company. If you never signed for it then maybe you need to get with the credit card company and question them letting it be opened- if she did it without your permission its breaking the law....Do they have your signature on file or hers? Did she falsify your name?
2006-10-12 05:33:09 · answer #2 · answered by ARTmom 7 · 0⤊ 0⤋
You can sue her, sure... But her act of acquiring a credit card with your name is a crime: fraud. Did she, in any way, use the mail to do this? Now it's a federal crime, too. You can sue her, but the credit card company will also pursue her for fraud and any other criminal charges that may attach -- they want their money back about as badly as you want your good credit restored.
2006-10-12 07:34:14 · answer #3 · answered by Shibi 6 · 0⤊ 0⤋
Usually the crux of small claims court is that the parties are pro se, meaning they represent themselves. Most courthouses have a help desk where they will help you file a small claim yourself. In addition, I would go to the police station and press criminal charges against her as this is a form of identity theft.
2006-10-12 05:35:37 · answer #4 · answered by julz 7 · 0⤊ 0⤋
attorneys do not in many cases preserve small claims cases. Why can not you attend? If that's that significant, discover a thank you to be there and verify. A decide I used to look in front of in city court docket could tell defendants that they had in basic terms 2 excuses to be unavailable for court docket dates, "ineffective or in the scientific institution." He could then upload the corollary that, in the event that they have been in reformatory, he'd ok that, yet provided that the Sheriff pronounced they could not carry the defendant down.
2016-10-16 02:57:40 · answer #5 · answered by ? 4 · 0⤊ 0⤋
All cities have a "Small Claims Court" where each party represents themselves. You just fill out the paperwork stating your complaint and bring evidence to court. There is no jury - the judge decides "who done wrong" and awards damages accordingly. Cheap, fast, and easy.
2006-10-12 05:30:19 · answer #6 · answered by Anonymous · 0⤊ 0⤋
No attorney needed, if you want to sue in small claims court. You are going to have to represent yourself, make sure you have all proper evidence against her.
2006-10-12 05:43:38 · answer #7 · answered by Anonymous · 0⤊ 0⤋
attorneys cant go into small claims but can advise you may qualify for legal aide call them . you should also report her to the DA. its a financial crime.
and write all the credit report companies also the state consumer protection agency in your phone book may have info to help or look it up on www.firstgov.gov
2006-10-12 05:36:18 · answer #8 · answered by macdoodle 5 · 0⤊ 0⤋
that would not be a small claims, that would more like fraud unless you told her she could. Who is useing the card ....you then you can not do anything ....she then you can sue her for the balance on the card
2006-10-12 05:33:52 · answer #9 · answered by ? 2 · 0⤊ 0⤋
You need to contact you local state attorney's office and file a case of stolen identity. Then she will owe you and may have a warrant issued.
2006-10-12 05:51:15 · answer #10 · answered by ? 3 · 0⤊ 0⤋