What is the likelihood of a favorable outcome in pursuing a civil lawsuit for personal credit card debt.

I have a credit card that was taken out with a person I was previously in a relationship with. The card was to be used for 1 particular purpose. I was the primary card holder as he had no credit history. Within 1 month, he had charged almost $6,000 in charges I was unaware of. THe relationship has since ended and I have been unable to obtain voluntary recovery. I have not charged anything on this card. I am interested in what a likely outcome might be if I pursued a civil matter. The debt exceeds the $3000 cap on a small claims action.

Rochester, NY -

Attorney Answers (1)

Paula Jeanette Mcgill

Paula Jeanette Mcgill

Landlord / Tenant Lawyer - Atlanta, GA
Answered

You have the burden of proving your claim in court. In other words, what evidence do you have that the person actually charged the $6,000? You should have copies of the store receipts with your friend's signature. Also, what proof do you have that the $6,000 was not a gift? You should be ready to have your friend say that the charges were a gift. If you have e-mails or other documents from the person admitting the debt, it will go a long way towards satisfying your burden. With that said, because every case is different, it is impossible to tell you the likelihood of the success of your contemplated lawsuit.

Related Advice

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.