My question involves collection proceedings in the State of: California
4 years ago I singed for a credit card under my now ex girlfriends business. The card has her business name and my name on it (as an agent of the corporation, its a corp not an LLC). Its a business card and I am the personal guarantor. She used the card for business expenses and only paid the minimum (had agreed originally to pay it off in 1 year) Now after being separated for about 18 months, she has stopped payments and it is currently 45 days late. In 15 days it will be reported as late under my social. I have the means to pay off the balance (5k) but obviously do not want to pay the card off. (i have never made a payment for the card too) Several questions arise.
1. Is this past of statutes or since she has been making payments does it just start when the card is paid late. She has also been pretty much been paying it late every month so I'm not sure if that affects the statute dates as well. I dont think she has made any purchases on for almost two years.
2. Can I sue her corporation in small claims court after paying off the balance? And what evidence will I be required to bring? I would not want to forget anything and let her win, that would almost be worse than just paying it off. Given that a judge would not know who actually made charges on the account, i would have to be able to prove they were not mine, would I not? The charges are 100% business related and i had nothing to do with the business at any time but I dont know how to prove this. How do I get proof she was paying the card rather than me, they would've all been electronic payment from her bank account or the business bank account, probably both. Seems like this would be hard for me to obtain.
3. Can I just make minimum payments and then sue quarterly for just the amounts I paid? I found this idea on google which would allow me to sue often and get her to change over the guarantor on the card. Plus it seems if I forgot to prepare for court properly, I would have a chance to go back and sue at a later date assuming I do not win.
4. The card is 45 days late, should I let it go 60 days so it hits my credit late once or is it technically already into default since its over 30 days late right now.
need help, whats my best course of action?

