Me ex ran up a $2000 debt in unpaid tolls under my name. After he refused to pay it, I've since had to pay it to remove it from collections and not ruin my credit. I have sufficient evidence to prove he, not I, am responsible for the toll debt. Currently I am in the process of taking him to small claims court to recoup my losses. I had to pay the debt with my credit card so my question is, how do I ask for the judgement amount plus the interest accruing if I don't have that exact amount yet? The credit card has a 21% interest rate on balances, but also, if I don't pay off the balance immediately and only pay the minimum payment, even more interest will accrue. How do I ask for all of this on the paperwork without seeming frivoulous?
I would work together with a Consumer Protection firm to review all the facts of your particular case, as well as the best steps for proceeding with the lawsuit, or if you even can based on where your case is right now. They can walk you through how to get all the information you need to present to the Court.
This post is not intended to create an attorney-client relationship, nor should the information contained therein be considered as legal advice. Each case is unique, and posters should seek independent counsel to handle their legal problems. This post is merely intended to be educational in nature. I am not your attorney, nor do I agree to appear in court for you by posting this information.
A judge would recognize it's not frivolous. It's why we have interest rates is based on the idea that money held by someone can be used to profit.
For a small claims court complaint, you can state the principal amount ($2,000.00) as one remedy sought; and another would be the interest rate of 21% associated with the credit card used to pay the principal. You do not have to state the specific amount at the time of the complaint, but you need to state it so your ex will be on notice of that damage when he is served. You can figure the amount as of the date the judge has a hearing on damages if the case gets that far...just be sure to bring all the payments made, credit card statements, etc.
This answer provides general advice and should not be understood as to create an attorney-client relationship between the questioner and the responding attorney.
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