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Can I sue?

In October last year I told my ex boyfriend hold on to my credit card so I wont use it. It so happened that he used 1200 dollars on my card and now I am in debt. HE would sometimes make the payments off n on and I would have to because its under my name. My credit is really bad now because he is either pays it late or he doesnt pay it at all. Now he hasnt paid the bill in 2 months and I have been makin the payments. I want to sue him for my money. I made him sign a written statement but I moved and I cant find it. All I have is the transactions he made on my card statements and my brother as a witness stating that he would pay it. However, thats all I have and messages stating that he would pay it. Is all this information enough to sue him? I need some advice on what to do.

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Attorney answers (2)

Reputation Level 20
You can sue him in small claims court. The court prefers a written agreement, but it is not always necessary.
I would also cancel the card to stop BOTH of you from misusing it.
On my profile there are several legal guides. I recommend reviewing the following which may be helpful to you:


Hiring a lawyer; Is it Legal? Is it Illegal?...Understanding the different court systems;
Introduction to Legal terms used in litigation; Limitations on a Lawyer’s License: What a Lawyer Can and Cannot Do……………………………..…………………………..

New York City: A Guide to the Courts……………………………………..

Commercial litigation: How to Handle a Dispute


LEGAL DISCLAIMER…………………………………………………………………..
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.

Reputation Level 14
You can sue him in small claims as was mentioned earlier. However, you may want to have an attorney (better if there is family member or friend who is one) draft a demand letter making clear that you will sue for breach of contract, conversion, and fraud, if he does not make good. That may save you the time and grief of having to go to small claims court.

I hope this helps.

Disclaimer: This answer is for informational purposes only and does not constitute general or specific legal advice, nor create an attorney client relationship.

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