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Can I sue someone for using my credit card?

Greenville, OH |

Eight years ago I allowed my boyfriend to use my credit card to pay off his bad debts. I agreed if he made the payments and he said he would but he did not. Since then the account has been sent to collection and in 2008 I was sued in county court. Judgement in accounts favor. I have a witness that would testify on my behalf that the boyfriend admitted to being responsible for the debt.

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Attorney answers 2

Posted

Usually the time to sue is when you were sued. You could have filed a cross-claim against your former boyfriend at that time. Whether it was worth the time and effort, and the money, is another question. Is the former boyfriend financially solvent? If so, and if the statutes in your state allow you to sue, it may be worth it depending on the amount of money at stake. If not, you are probably out of luck.

As to the witness, the former boyfriend cannot be made responsible to the credit card issuer for the debt. You signed up for the credit card. He did not. You can't make him responsible to the credit card issuer, although he may well be financially responsible to you.

Posted

I am not an attorney in Ohio and do not know Ohio's laws. The best time to have dealt with this would have been in 2008 by filing a cross claim against your boyfriend. Now, it is possible that you have a statute of limitations issue. You need to ascertain that quickly.

The other concerns are more practical. Is it worth suing the boyfriend? Does he have the money to repay you? Will you be able to collect from him if you are successful?

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