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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
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Experience:  Licensed to practice before state and federal court
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Years ago, back in 2004, a friend charged some things to her

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years ago, back in 2004 , a friend charged some things to her credit cards for me. She filed Bankruptcy in 2012 on said credit cards. I never signed an agreement to re-pay or anything to that nature, Do I legally have to re-pay her since she no longer has any financial obligation to the credit card companies since they were charged off in the bankruptcy? I'm not sure why she would want me to keep paying back on something she no longer owes. Can she take me to small claims court ? Is there a statute of limitation on this type of thing? Please advise....
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: AZ
JA: Has anything been filed or reported?
Customer: as far as?
JA: Anything else you want the lawyer to know before I connect you?
Customer: not that I'm aware of

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

Customer: replied 1 month ago.
a reply here is fine, thank you

Great thanks! Just a moment...Remember, if you get an automatic phone call request and you would not like a phone call, you’re welcome to reject the offer.

Customer: replied 1 month ago.
please review my question and get back to me. Thank you

So, the answer to your question is that you only have to pay if you agreed to pay her back. She could potentially take you to small claims court, but she would have to prove that you two had a contract where you were going to pay her back. You could defend on the grounds that this stuff was a gift as well. Additionally, because the credit cards have been charged off in the bankruptcy, you could say that the whole purpose of you paying her back, if there was a contract, has been severely frustrated. What I mean by that is that if she wanted the money back to be able to pay down the balance on her credit card, the fact that she doesn't owe that money back to the creditors significantly frustrates the whole point of the contract in the first place. Therefore, the judge would have to find in your favor. So, the short answer is no, you don't have to pay your back unless you agreed to do so.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

Customer: replied 1 month ago.
there was nothing in writing about repayment. everything was discharged in her bankruptcy.

If that is the case, then no, you don't owe her back the $ because it was a gift, and gift's don't have to be repaid.

Customer: replied 1 month ago.
thank you very much for taking the time to answer my question :) I appreciate it

The pleasure is all mine! Further up on the you should see a chance to give me a rating. 5-stars are always appreciated, but it is definitely not required! You can also click here in the future to request me individually. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions on the cheap.

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You are too kind. Thank you so so much!