Thank you for your response.
Perhaps my logic is not one that you can follow - my apologies for that - and perhaps I'm not following what you have written.
The way I am looking at your question is that monies have been expended by the use of a credit card - there is a debt of $15,000 - the plaintiff is claiming that he/she has not reaped any benefits from this expense of $15,000 and the credit card company has already paid the merchants...now the credit card company wants their money back for which it appears that they have turned it over to a collection agency.......If I am wrong, please correct me.
First and foremost who incurred the debt?
If the defendant incurred the entire debt - would it be fair for the plaintiff to pay? Should it be split down the middle -- $7,500 each? What does plaintiff get out of that reasoning?
Hypothetically, what if the plaintiff used the credit card and purchased $100,000 worth of merchandise and kept everything for self - would defendant truly be willing to pay their half of $50,000? I am not so sure of that - unless this was legally their responsibility. Realistically speaking, being a joint holder does not necessarily mean that it is split down the middle - 50/50 - unless fully agreed upon by the parties - for which there should be something in writing to that effect - (contract agreement would secure this fact)......
Even though both parties have not paid the $15,000 to date - the fact remains that it MUST BE PAID - thus, Plaintiff is suing defendant because defendant ran up the charges of $15,000 - and because plaintiff wishes to protect his/her own credit status - plaintiff is not responsible for the outstanding debt - and if the collection company doesn't get their money soon in order to reimburse the credit card company...then the collection agency will take this matter to court going after both plaintiff and defendant.
If you can show me proof as to where plaintiff and defendant are equally responsible - and that everything is split 50/50, I may then be able to tell you that plaintiff's actions may not be justified.
There are many people who have joint bank accounts, whether it be married folks, mothers/daughters, fathers/sons, boyfriend/girlfriend - but certainly, if one person writes a check under this joint account - there is no law that says the other person must pay half - the person who wrote the check, purchasing whatever merchandise they have so decided upon is the one responsible -- unless there has been some kind of a verbal agreement between the two people beforehand and/or there is something in writing that states the 50/50 split.
I trust that I have understood your question - and I believe I have addressed your concerns, if not, please let me know.
Peace, Love & Happiness,
The Mystic Wave