Q: I have a card debt with $35,000 used with me and my boyfriend. he didn't have a social so I let him use and pay me back

But apparently, he did not. He just keep talking he will pay me back, he will work hard, but nothing paid back. I let him use my credit card for daily life, but he used for sports betting without my consent. He kept promised me he won't do it again but it is still happening and he even do cocaine. Currently, he is working but with his paycheck, he do stuff like that. There is a time he gave all his pay checks to me and I controlled all moneyflow but now, the situation is really tight with high interest rates. whenever I fight and argue with him, he told me he will pay me back but I don't trust him anymore. I have all the messages that he will pay me back whatever he used with my cards. I tried to break up and leave him but it was not easy for me to just abandon him with many circumstances .. (he has no money, no house, sympathy towards him etc..) But everything is set up and I am surely ready to move on now. To get the money back can I sue him? so his parents pay me ? or bankruptcy?

4 Lawyer Answers
Peter Maurice Lively
Peter Maurice Lively
Answered
  • Bankruptcy Lawyer
  • Culver City, CA
  • Licensed in California

A: I'm sorry for your circumstances which sound stressful and frustrating, you are certainly not alone.

You could spend a lot of time energy and money obtaining a judgment and trying to collect the judgment from someone without succeeding.

You might be eligible for a bankruptcy discharge of some or all of the debt that you owe on your credit cards.

You should consult with an experienced bankruptcy attorney who will review the charges on your accounts and help you determine how best to proceed.

Bruce Alexander Minnick and William John Light agree with this answer

1 user found this answer helpful

Harlene Miller
Harlene Miller
Answered
  • Bankruptcy Lawyer
  • Irvine, CA
  • Licensed in California

A: Your situation is very unfortunate. Certainly an option would be to sue him for the money he "borrowed" from you on your credit card, but a judgment is only good if you can collect the money - which might be very difficult under the circumstances of his lifestyle. I hope he no longer has access to your credit cards.

If you cannot make the payments on the card, or he will not provide money to you to assist you in paying the debt, you may need to consider a bankruptcy. I urge you to talk with a bankruptcy attorney in your area. Some of us offer half hour no charge consultations - at least you will be able to get some initial information about the possibility of filing bankruptcy. A lesson learned - I hope. Good luck.

Bruce Alexander Minnick , Theodore Allan Greene and William John Light agree with this answer

1 user found this answer helpful

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: You could sue him for the money he owes you and garnish his wages. You can also file bankruptcy, depending on your assets.

William John Light agrees with this answer

Aaron Michael Lloyd
Aaron Michael Lloyd
Answered
  • Bankruptcy Lawyer
  • San Bernardino, CA
  • Licensed in California

A: I suggest you look into your bankruptcy options. Bankruptcy wipes out most debt including credit card debt and other high interest unsecured debt. Bankruptcy awards the debtor a fresh start and a second chance to rebuild credit and financial wealth. Bankruptcy provides great relief for those honest but unfortunate debtors who are financially unable to payback their debts. Many bankruptcy attorneys offer free consultations. Take us up on it and receive some free advice.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.