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  1. #1
    Join Date
    Jul 2008
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    2

    Default Suing an Individual Over Credit Card Debt

    My question involves collection proceedings in the State of: Florida


    Over a year ago I opened two credit cards in my name using my social for my girfriend at the time (who had bad credit) to use. She maxed out both almost immediately but was making the minimum monthly payments. This continued until I left her, at which time she stopped making payments, leaving me with a total of about $3400 worth of debt. Both cards are in my name alone, making me legally responsible to the credit card companies to repay the debts, but do I have a civil lawsuit against my ex?

    Additionally, she currently lives in California. If I filed a lawsuit here in Florida, would she be required to appear in court or would it be dismissed? Any help would be greatly appreciated.

  2. #2
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Suing an Individual Over Credit Card Debt

    Sure you do. You will need details of the loan agreement as well has her history of paying the bill. Small claims court in your area will work. It may cost you to have her served but if she fails to show up, you have a good chance of getting a default judgement. Collecting any judgement if any, maybe a different story.

  3. #3
    Join Date
    Jul 2008
    Posts
    2

    Default Re: Suing an Individual Over Credit Card Debt

    Thanks for the help. Yeah, I heard that getting a judgement is one thing, but collecting on it is another. I would need to file a seperate lawsuit in California to legitimize the judgement in Florida, or something of that nature. However, she is still a Florida resident I think, so maybe that makes a difference?

  4. #4

    Default Re: Suing an Individual Over Credit Card Debt

    Quote Quoting Aaron244
    View Post
    Thanks for the help. Yeah, I heard that getting a judgement is one thing, but collecting on it is another. I would need to file a seperate lawsuit in California to legitimize the judgement in Florida, or something of that nature. However, she is still a Florida resident I think, so maybe that makes a difference?

    This is a wacky idea, but have you considered going on "Judge Judy?" This is exactly the type of lawsuit you see on JJ all the time. I believe that you have to actually file a small claims action against your GF before JJ will take the case, but once you do, if her show agrees to hear it, and she rules in your favor, you'll get your money.

    I have heard that the way it works is, there's a $5,000 "pool" to be shared by the two parties. Let's say you sue your GF for $3400 (add in interest on the cards if you've had to pay that as well). Let's say JJ rules in your favor. The $3400 is deducted from the $5000 and given to you. That leaves $1600. You and GF split the $1600 giving you $4200 and GF $800. GF might agree to do it if she thinks she has a chance of making money off the deal. Although I don't think I would want to go on national television and be exposed as a deadbeat for $800, people do it all the time!

    Be advised, you'll have the same burden of proof on JJ that you would in a small claims court - you'll have to prove she owes you the money. If the case is as you say (she made the payments until you left her, then stopped) and if you have a paper trail, I think things would go your way.

    Of course, if you are not the type to air your dirty linen on national TV, you can forget this suggestion

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