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I have a two-part situation: 1. I have an ex-fiance that…

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I have a two-part situation: 1...
I have a two-part situation:
1. I have an ex-fiance that over the years has refused to return the engagement ring. I owned the diamond well before we met and purchased the setting while we were dating. We lived together and she moved out. I have asked for the return of the ring/diamond several times and no luck.
I believe I can sue (conditional gift). I am not confident that she has not sold it.
Do I have a statute of limitation issue?
P. S. We did not get engaged in a holiday or birthday.2. I have a current joint credit card with ex-fiance. Over many years, I have been forced to make the payments
to protect my credit. Ex has not ever made a payment (asked by me and the creditor to pay). In fact, the fiance called the credit card company and stopped the ability for new charge years ago and updated her mailing address. I believe I can sue for 1/2 the charges including interest. The credit obligation still exists and was as high as $60K. I have paid it down to $22K since the breakup.
Since it is current debt, do I have a statute of limitation issue?
Submitted: 7 months ago.Category: Business Law
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Answered in 4 minutes by:
11/21/2017
Business Lawyer: Barrister, Attorney replied 7 months ago
Barrister
Barrister, Attorney
Category: Business Law
Satisfied Customers: 42,531
Experience: 17 years practicing attorney, JD, BA, MBA
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

What state is this in?

.

Regarding the debt, did the ex ever agree to help repay?

,

And if so, how long ago was the debt incurred?

.

.

thanks

Barrister

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Customer reply replied 7 months ago
State is Nevada
Yes, the ex signed the credit card application and is a joint borrower (not a joint signer)
The debt is still outstanding and the accumulation of the debt occurred over several years ending 5 years ago. Debt still as a balance and is reported on both credit reports.
Business Lawyer: Barrister, Attorney replied 7 months ago

Ok, the civil statute of limitations on a breach of an oral contract in NV is 4 years. If it has been over that for the ring, then would be past the time to sue her for it back.

.

The same applies for the card. While she might be a joint account holder, that agreement is between the card issuer and both you and her. Any agreement you have with her to pay her portion is a separate agreement between the two of you. So if she hasn't made any payment in over 4 years, the SOL has expired and you couldn't sue her for that balance...

.

But if you defaulted, there is nothing that would prevent the card issuer from suing her as well as you under their own breach of contract claim since you have been keeping the debt current and she still is a borrower under their contract with you both.

.

.

thanks

Barrister

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Customer reply replied 7 months ago
Are you sure? I have asked for the return of the ring several times over the years. She simply has refused to return my property.
Regarding the credit card debt, it still is going. We never had an additional agreement on top of that. It is a 50/50 joint card.
Business Lawyer: Barrister, Attorney replied 7 months ago

Yep, pretty sure... The law is right here if you would like to review it... Nevada Statutes §11.190-(2)(c)

.

You actually have to take action within the applicable time periods set by the law or you end up waiving the right to pursue things.

.

And yes, as I went over, the debt is still a debt owed by you and the ex to the card company. But if the ex has never paid anything on it, and never agreed within the last 4 years to do so, then you have no cause of action against her because of her failure to abide by any agreement with you that is completely separate from the contract with the card issuer.

.

So you both owe the card company, since you are both on the account. But unless she promised to pay you back within the last 4 years, you can't sue her..

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Customer reply replied 7 months ago
I realize that. She never promised to pay me. She promised to pay the credit card company. She stuck me in a protection of my credit situation and that made me have to pay. Otherwise, I would not have paid. I believe her admittance of liability was the credit card application and several years later contacting the card company to stop future charge ability and provide her address for statements. Doesn't that argue her admittance to liabilty?
Business Lawyer: Barrister, Attorney replied 7 months ago

She promised to pay the credit card company

.

And the credit card company could sue her if you stopped paying... But they would likely sue you both, so that probably isn't an optimal outcome..

.

Doesn't that argue her admittance to liabilty?

.

Yes, as I have stated, she is liable to the card company...just not to you personally.

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