() There is no contract stating that the borrower will pay the bill
() He (the borrower) has been paying with his OWN checking account.
() Total amount just under $6K.
() Borrrower's name is NOT on the account.
What can the credit card owner do? if he brings the case to court, will he win?
2007-03-08 07:33:50 · 12 answers · asked by AntDU 5 in Politics & Government ➔ Law & Ethics
The person who is the cardholder is responsible for the bill. You can not dispute the amount ,nor can you force the person to pay. You gave them permission to borrow money in your name.
You are solely responsible and would have a hard time in an American court proving that you had any contract with the person to pay you. The only argument you could make would be for a verbal contract with the proof of their indebtedness being previous payments made through their checking account. I doubt you would prevail in court and it would not be worth the fees associated with the lawsuit.
I would chalk this up as experience and don't waste the learning opportunity. The next time you lend money, have a promissory note, remember that if a bank would not lend the money then there is a good chance you will not be paid back, make sure you have the money to lend (don't borrow to lend), know that transactions between family and friends rarely have good results, and be willing to forgive the debt and never mention it again if you want to salvage the personal relationship.
2007-03-08 07:51:03 · answer #1 · answered by chefcaitlin 2 · 1⤊ 1⤋
The credit card owner could try to dispute the charges, but since the card's use was known and therefore verified by the card's owner, this dispute should not succeed.
If the details you have are correct, this is indeed a loan, thus the card owner is entitled to full repayment of the balance plus any interest accrued on the balance or late payment fees. If the borrower has been paying the balance with his checking account, this shows a contract for repayment by prior performance. By paying ANY amount of the balance, the borrower legally shows that this is in fact a loan, thus there is the expectation of repayment.
The card owner should file civil suit against the borrower for the balance borrowed plus the interest and late payment fees on that balance. You will need to check what the upper limit of a small claims suit is in your jurisdiction (usually between $2500 and $7500) to see if you should file in small claims or another court. Either way, the credit card owner should contact an attorney in your area for more advice.
2007-03-08 07:45:44 · answer #2 · answered by msi_cord 7 · 2⤊ 0⤋
The person whos name is on the credit card contract is responsible for the balance due. No other agreements or arrangements count due to the four corners rule. The owner of the card, can try to sue in civil court for a judgement against the borrower. If they win they get a binding judgment and can use that to attach wages seize assets. But thats a hard case to win if you knowingly lent them the card.
2007-03-08 07:44:34 · answer #3 · answered by Dave 5 · 2⤊ 0⤋
The credit card owner is responsible. You can sue , if you have proof that that was the agreement. I think that the fact that he was paying through his own checking account might be proof. If it a big item, the delivery receipt would be good also. don't do that again, unless you have the check to cover the amount in hand when the purchase is done. ( Some places give discounts if you pay with a credit card) If they declare bankrupty, you're left with the bag
2007-03-08 08:28:59 · answer #4 · answered by kitty 3 · 0⤊ 0⤋
The credit card owner is responsible for the debt.
You would have to take the borrower to court. If the borrower had been paying on the loan, and then stopped, that might be enough evidence that he had agreed to pay it back.
2007-03-08 07:42:31 · answer #5 · answered by Anonymous · 2⤊ 0⤋
Then the credit card owner will have to pay the credit card debt and then the credit card owner will have to sue the borrower to get a judgment against him/her.
2007-03-08 07:41:42 · answer #6 · answered by Starla_C 7 · 3⤊ 0⤋
what would be the purpose in bringing this case to court. the amount is under $6 and the filing fee even for small claims court is going to run at least $40. There's not any purpose. The card owner should simply learn to never trust this person again.
2007-03-08 07:43:09 · answer #7 · answered by SC 6 · 0⤊ 4⤋
only the persons name on the account is liable, hard lesson to learn, but dont go into debt for anyone else. you can try a civil suit but be prepared to prove all charges u r asking them to pay.
2007-03-08 07:41:21 · answer #8 · answered by tanya w 2 · 3⤊ 1⤋
The credit cared owner could dispute the charges. I don't exactly know how this one would turn out.
2007-03-08 07:37:05 · answer #9 · answered by Anonymous · 0⤊ 3⤋
bend over cause ur taking this one in the @ss
2007-03-08 07:44:19 · answer #10 · answered by rodie5582 4 · 0⤊ 0⤋