Should I sue in small claims court for someone elses's debt that I paid?

Question

My exhusband incurred over 7000 in debt after our divorce on a card that apparently I was a card holder. I found out 3 years later that he was deliquent and I paid off the debt because it was ruining my credit and he was no where to be found. Now he owns his own business and has never repaid me and will not take my calls. I have been trying to contact him for 2 year now. Please help.

Answer 1

You could probably sue him as long as you can prove the charges were his AND make sure that he is still within the statute of limitations for you to sue.

Since most small claims courts limit their amounts, it's doubtful that you would be able to sue for the full $7000

Also, many small claims courts do not allow attorneys, you would have to learn your states statutes, and write up everything yourself. Or you could have an atty, or a paralegal, help you in writing up your complaint and help you file - but that would cost money.

When in doubt on what to do, call an atty and ask if they have a free first consult. When you find one that will give a free first consult, make an appointment and speak with them. Be sure to take along "everything" that pertains to the matter.

Answer 2

You may have a tough time since your name on the card accepts responsibility for the charges unless the card was obtained through fraud (i.e. he obtained the card after the divorce or legal separation and used your information without permission in which case there may be a criminal course of action as well). The big question is, what's the risk in suing him? You may or may not prevail, but at least you tried! The credit card company doesn't care who pays as long as it gets paid, but a judge may see it differently.

Answer 3

What u need to do Is sue him not the court, But first what u need to do is talk to an attorney. If you cannot afford one go to one that don't get paid unless u get paid. He will tell you if you can win your case and he will get ahold of him. He will do all the work for u.

Answer 4

sue the pants off the man