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Category: Legal
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Experience:  20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law
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I let my boyfriend use my credit card, he charged $5000 and

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I let my boyfriend use my credit card, he charged $5000 and pomised to pay until debt was paid in full. He made a few payments and now has stopped paying. This is a re-occuring debt for me because it was on my credit card. I have been paying on debt for several years past the 3 or 4 year statute of limitations. Can I still sue since he was paying on debt and then stopped. I also have evidence of a message he left on my answering maching advising that he is not going to pay debt any longer.
Submitted: 4 years ago.
Category: Legal
Expert:  Law Pro replied 4 years ago.

What state are you in?

 

When did last make a payment to you? When did he leave that message that he was no longer going to pay the debt?

Customer: replied 4 years ago.
South Carolina
Expert:  Law Pro replied 4 years ago.

When did last make a payment to you? When did he leave that message that he was no longer going to pay the debt?

Customer: replied 4 years ago.
July of this year was the last payment. He left the message on my machine last Thursday.
Expert:  Law Pro replied 4 years ago.

July of 2009 - just a couple months ago - correct?

 

 

Customer: replied 4 years ago.
Yes, that is correct. He always pays in cash as well so I do not have a check or money order receipt. The original loan was taken out in 1997 but he has been paying on this loan sporadically unitl July of 09. He is using a personal family dispute as an excuse not to repay the loan now.
Expert:  Law Pro replied 4 years ago.

Do you have anything that could be used to verify when he last made a payment? Does that voice message reflect a date?

 

 

Customer: replied 4 years ago.
The voice message does not discuss the payment only that he intends to dismiss the $5000 that he owes due to an irrelevant matter. The date and time of that message is on the answering machine. Because the defendant has breached the verbal contract now Sept 09--can the statute of limitations start from that point versus the original date of the loan????????
Expert:  Law Pro replied 4 years ago.

The statute of limitations starts to run at the time of breach - not when the contract was originally entered.

 

So the statute of limitations in your case just started. You can most certainly file suit in your local small claims court against him.

Customer: replied 4 years ago.

Is there a prepoderence of evidence with just the verbal contract and the voice mail of the Defendant mentioning the $5000 loan and intent not to pay.

 

I also have one credit card statement from 1997 that shows the balance on the account

and one charge that he made.

 

Expert:  Law Pro replied 4 years ago.

Yes. I believe the judge would think that you have met your burden of proof by a preponderance of the evidence.

 

Too, you could bring copies of the old charges he made. Additionally, you could bring anything and everything which would show his past payments.

 

I did want to mention - when you go to court on this issue - come with a very nice itemization/balance sheet of when he paid and when he didn't and how much he paid. That will show to the judge that your thorough and responsible and that your more credible than he.

Law Pro, Attorney
Category: Legal
Satisfied Customers: 23638
Experience: 20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law
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