My ex borrowed my credit card and now wont pay the balance. What legal options do I have against him?

Question

Two years ago my ex boyfriend borrowed my credit card to purchase a computer. After I finally broke up with him and have started dating someone else, he refuses to pay off the balance of what he owes. I'm not sure what I can do to make him pay! He kept the computer and refuses to put anything else towards paying it off. What legal action can I take against him, if any? I have records showing that he has made payments to me to pay off the part of the balance, so I can prove it wasn't a gift. There is over 1000$ left to be paid. Any ideas?

Answer 1

I was in your same situation. Since you have proof he was paying this computer off, this would hold up in small claims court. When was the last date of payment? Keep in mind the statue of limitations. If he made the last payment within the last year you are good to go. Immediately file a suit against him at your local courthouse. Since the amount is less than $5000 you will get the entire amount he owes you plus interest. For future reference, ALWAYS get at least a promissory note to pay when loaning anyone money. Things happen, people break up, etc. Good luck!

Answer 2

Well he borrowed your credit card the question is did he say he would pay the bill? If so then you need to take him to court. He's keeping the computer he needs to pay for it. Take him to Judge Judy she is good. I'm taking you had a verbal agreement keep everything so you can show that it wasn't a gift he has been paying on it. Never let anyone borrow your credit card. Next time tell the person to apply for a credit card and get there stuff on their own If they can't get a credit card that is there problem not youre's. Lesson well learned.

Answer 3

You can take it court, filling fee is like $20, you can plead your case to the judge, present the judge with any arguments and/or proof that it was him not you who used that credit card. But if he has the computer which was payed for with your credit card the judge is most likely to believe you and make him pay w/e balance he owns you. Because it doesn't seem right for a girl to give away a brand new computer to the boyfriend and then once they brake up, she wants the computer back but he wont give it back. Even if by any chance the judge will not make him pay off the balance he/she will most likely make him give the computer back to you, since he has no proof that you gave him the computer as a gift. Since the computer legally is yours, you always can say that you only let him borrow it to use it but now he doesn't want to give it back. Anyway you will win.

Answer 4

Nothing. While you allowed him to use your credit card, you are the card holder therefore all responsibility of repayment is solely up to you. Unfortunately even though he has made payments, it does not clearly prove that he owed you - it could be construed that he was just 'helping' you out. While you know what actually went on, there is nothing legally that you can do to recoup your money or make him pay. You allowed him to use your credit card - for whatever reason and that naive gesture will cost you.

If you seek the advice of an attorney that you DO NOT have on retainer, you are going to spend more money on court costs and attorney's fees to the point where it will be a wash.

I wish I had better news; however hindsight is 20/20.

I wish you well!

Answer 5

Wow, that sucks when you trusted someone and they did this to you.

You will need to prove somehow that it was a loan and take him to small claims court. You will need reciepts and be able to prove he has the computer, or attempt to get the computer back from him.

Chances of you getting anything back are slim. How much do you still want to deal with him anyway. You might just want to chuck it up to a bad experience and pay it off, and never loan your card to anyone in the future.

Answer 6

I believe taking him to court to make him pay is a good idea. It was a loan to him and if you can present a good case I think you have a chance of winning. He can always turn around and say it was a gift even though he made payments. Or just get the comp back from him it's yours anyway.

Answer 7

Taking him to court might mean more expenses for you.
Why dont you take the computer, ask him to surrender it to you because he hasnt been for it, it is legally yours?
In court, you will be asked why you lent your credit card. Having to prove that you are not a dopey airhead may take its toll on your self esteem.
After all, nobody ever lends their credit card except to their offspring, and only with strict instructions to the credit card company.
Ask him for a written promisory note to pay you the balance of his debt. If he claims poverty, itemize a schedule of dates he pay a certain amount of money.
By doing so, it establishes that he recognizes his debt to you.
Hurry up and do this before the computer gets very outdated. Two years. Hmmm- better get moving.

Answer 8

You authorized him to use your credit card. That makes YOU responsible to pay for the charges against the card.

Without any written documentation that he was to pay you back for this purchase, you're basically out of luck. Next time you fall in love, hang on to your credit cards a bit more carefully.

Answer 9

You can take it to small claims court with the proof that he was making payments, and they will order him to pay it. Good thing you have proof he made payments!

Answer 10

Judge Judy may be able to help you.

Note to self. Never loan money to someone you date or let some use your credit card.