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

Rochester, NY |

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.

Attorney Answers 1


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.

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