I added my credit to my sons rental car club at which time I authorized one payment to rental a car, he was to have removed my car from his club account afterward. Apparently, he must have used my card instead of his. He claims its the co fault in which I find hard to believe, he contacted the rental car company and the refused to make the changes. I contacted my credit card co and reported these charges on my card of 1,200. Now there is an investiagation taken place in with 14 days. I am not trying to have him locked up, I was advised by a friend to take my son to small claims court. Problem is he just lost his job and refuses to give me a promisory note to repay this debt until he gets a job. As he states he is under no obligation to give me a note unless he is working. What is the law concerning this matter of promissory note to repay, and the credit card report should I pursue it
Country relating to Question: United States
I have tried to get my son to give me a promistory note to repay me when he gets a job. I have reported the charges to my credit card company, the investiagtion is not completed until I send in the information on the charges.
Good afternoon. If he won't sign the note, the best route for you is to file the Small Claims case against him. Then, once the suit is filed and ajudgment awarded, you become a Judgment Creditor and can have thesheriff serve a summons on the losing party for a debtor examination. Thatforces the losing party to meet the judgment creditor in court and answerquestions under oath about the losing party's assets. After that information is obtained, the judgmentcreditor has the power to garnish wages (unless this is in Texas, SC, NC or PA which forbid wage garnishment),attach bank accounts, and/or have the sheriff seize other property to satisfy the judgment.
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