Author Topic: Question small claims court re credit cards  (Read 2083 times)

EwaBeachBoy

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Question small claims court re credit cards
« on: August 17, 2009, 10:49:21 PM »
I have a friend. He got back with his ex wife because he thought that there was a second chance at love.

Even though he wasnt married to her anymore and should not be financially obligated to help her, he did. Her got her a credit card in her name and made her an authorized user.

My friend is in the military and was deployed. He found out his ex wife was cheating on him and he told her he found out....

She charged his card $4000.00 and put a restraining order on him while he was deployed possibly because she didnt want confrontation with him and the man she is cheating on him with and also for the fear he may take her to small claims court.

Can my friend take his ex wife to small claims court to recoup the $4000.00?

Quickerblade

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Re: Question small claims court
« Reply #1 on: August 18, 2009, 02:38:37 AM »
I have a friend. He got back with his ex wife because he thought that there was a second chance at love.

Even though he wasnt married to her anymore and should not be financially obligated to help her, he did. Her got her a credit card in her name and made her an authorized user.

My friend is in the military and was deployed. He found out his ex wife was cheating on him and he told her he found out....

She charged his card $4000.00 and put a restraining order on him while he was deployed possibly because she didnt want confrontation with him and the man she is cheating on him with and also for the fear he may take her to small claims court.

Can my friend take his ex wife to small claims court to recoup the $4000.00?

Sounds like your friend is an idiot.

just_a_pilgrim

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Re: Question small claims court
« Reply #2 on: August 18, 2009, 02:42:51 AM »
Big Nasser would be insulted if you took him to the small claims court

MethodGNA

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Re: Question small claims court
« Reply #3 on: August 18, 2009, 02:52:40 AM »
Big Nasser would be insulted if you took him to the small claims court

haha.......he would call the judge a "pumpkin head".

TechnoViking

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Re: Question small claims court
« Reply #4 on: August 18, 2009, 02:54:26 AM »
I have a friend. He got back with his ex wife because he thought that there was a second chance at love.

Even though he wasnt married to her anymore and should not be financially obligated to help her, he did. Her got her a credit card in her name and made her an authorized user.

My friend is in the military and was deployed. He found out his ex wife was cheating on him and he told her he found out....

She charged his card $4000.00 and put a restraining order on him while he was deployed possibly because she didnt want confrontation with him and the man she is cheating on him with and also for the fear he may take her to small claims court.

Can my friend take his ex wife to small claims court to recoup the $4000.00?

Impossible when he put her name on the card...Dumbest thing he could have done...He basically gave her free will to charge anything...He needs to cut his loses and don't look back...

EwaBeachBoy

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Re: Question small claims court
« Reply #5 on: August 18, 2009, 03:58:29 AM »
Impossible when he put her name on the card...Dumbest thing he could have done...He basically gave her free will to charge anything...He needs to cut his loses and don't look back...

So is this Law? There is nothign he can do?

Eyeball Chambers

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Re: Question small claims court
« Reply #6 on: August 18, 2009, 05:11:52 AM »
S

Eyeball Chambers

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Re: Question small claims court
« Reply #7 on: August 18, 2009, 05:13:59 AM »
Oh and

Breakin the law!! Breakin the law!!!
S

ironneck

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spinnis

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Re: Question small claims court
« Reply #9 on: August 18, 2009, 05:15:14 AM »
Im amazed how dumb some men are. And this makes me FUCKING Pnifda ¨df n<'fdspk PISSED

divcom

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Re: Question small claims court
« Reply #10 on: August 18, 2009, 05:18:11 AM »
Oh...Monica!

Eyeball Chambers

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Re: Question small claims court
« Reply #11 on: August 18, 2009, 05:18:29 AM »
fuck u^^

BOOOOOOOOOOOOOOOOOOOOOOO OOOOOOOOM!
S

wes mantooth

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Re: Question small claims court
« Reply #12 on: August 18, 2009, 08:28:45 AM »
Impossible when he put her name on the card...Dumbest thing he could have done...He basically gave her free will to charge anything...He needs to cut his loses and don't look back...

QFT

1) her name on it as an authorized user....charge away


unless he can prove that the charges are hers....and you have the most sympathetic judge in the world (or judge judy on a good day).....



tell him to pay up and move on....

hes got $$$ anyway if he was just deployed  :)

El Diablo Blanco

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Re: Question small claims court
« Reply #13 on: August 18, 2009, 09:05:54 AM »
How did he have a restraining order put on him when he never physically threatened her?  You can't have an order randomly placed on someone without some grounds.  The fact he was overseas makes this harder to believe.

Plus if she was authorized then they both share the blame and burden of the debt.

erokyrwrld

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Re: Question small claims court
« Reply #14 on: August 18, 2009, 10:51:16 AM »
Small claims court is primarily a court of equity, meaning the magistrates and judges who sit are more interested in fairness than in legal loopholes.  This is the concession you make by filing in small claims as opposed to a regular trial court.  He should definitely be able to get a judgment against her for the charges.  Just because she was an authorized user does not mean that he gave her permission to charge away with no understanding as to remuneration.  A judge will see her actions as outside the scope of their arrangement and find that she has a duty to repay that money.  He may also be able to get damages for her falsely placed restraining order since it is tantamount to defamation.

Ron

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Re: Question small claims court re credit cards
« Reply #15 on: August 18, 2009, 11:16:38 AM »

If you are the primary on a credit card, and you give authorization for another on it, you are just as liable as whoever you gave permission to use the card.  You can go after her in small claims court, but all she can say is that the charges were ok with him, and the judges most likely wont change that.

Unfortunate, but anyone you have on your card, if you have any doubts, cancell imediately.

You dont need to cancel all the cards, just her card. 

BayGBM

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Re: Question small claims court re credit cards
« Reply #16 on: August 18, 2009, 11:28:31 AM »
I have a friend. He got back with his ex wife because he thought that there was a second chance at love.

Even though he wasnt married to her anymore and should not be financially obligated to help her, he did. Her got her a credit card in her name and made her an authorized user.

My friend is in the military and was deployed. He found out his ex wife was cheating on him and he told her he found out....

She charged his card $4000.00 and put a restraining order on him while he was deployed possibly because she didnt want confrontation with him and the man she is cheating on him with and also for the fear he may take her to small claims court.

Can my friend take his ex wife to small claims court to recoup the $4000.00?

No.  Doing so would be a waste of time.  By giving her a card with her name (on his account) he effectively authorized the charges.  If you ever decide to do this for someone, open up a separate account with a low credit limit of, say, $300, $500 or $1000 that you can easily swallow if things go sour.

240 is Back

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Re: Question small claims court re credit cards
« Reply #17 on: August 18, 2009, 11:50:38 AM »
Pay and move on.


Mr Nobody

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Re: Question small claims court re credit cards
« Reply #18 on: August 18, 2009, 03:09:32 PM »
Dont ever give a crazy bitch a credit card.

drkaje

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Re: Question small claims court re credit cards
« Reply #19 on: August 18, 2009, 03:17:06 PM »
I have a friend. He got back with his ex wife because he thought that there was a second chance at love.

Even though he wasnt married to her anymore and should not be financially obligated to help her, he did. Her got her a credit card in her name and made her an authorized user.

My friend is in the military and was deployed. He found out his ex wife was cheating on him and he told her he found out....

She charged his card $4000.00 and put a restraining order on him while he was deployed possibly because she didnt want confrontation with him and the man she is cheating on him with and also for the fear he may take her to small claims court.

Can my friend take his ex wife to small claims court to recoup the $4000.00?

What kind (brand) of card?

If it's Amex he may not be screwed because authorized users agree to be liable for their purchases by accepting the card.

Otherwise he's probably screwed. Someone dumb enough to let the same dog bite them twice definitely wouldn't think to have the chick sign any papers. Since there's likely no loan documents or agreement with her accepting financial liability very few courts would waste the time.

lax

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Re: Question small claims court re credit cards
« Reply #20 on: August 18, 2009, 05:44:13 PM »
I have a friend. He got back with his ex wife because he thought that there was a second chance at love.

Even though he wasnt married to her anymore and should not be financially obligated to help her, he did. Her got her a credit card in her name and made her an authorized user.

My friend is in the military and was deployed. He found out his ex wife was cheating on him and he told her he found out....

She charged his card $4000.00 and put a restraining order on him while he was deployed possibly because she didnt want confrontation with him and the man she is cheating on him with and also for the fear he may take her to small claims court.

Can my friend take his ex wife to small claims court to recoup the $4000.00?

Unlikely....not worth the cost...and, being that men generally have no rights vs. women....esp in court....ferggit it

TechnoViking

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Re: Question small claims court
« Reply #21 on: August 18, 2009, 08:53:30 PM »
Small claims court is primarily a court of equity, meaning the magistrates and judges who sit are more interested in fairness than in legal loopholes.  This is the concession you make by filing in small claims as opposed to a regular trial court.  He should definitely be able to get a judgment against her for the charges.  Just because she was an authorized user does not mean that he gave her permission to charge away with no understanding as to remuneration.  A judge will see her actions as outside the scope of their arrangement and find that she has a duty to repay that money.  He may also be able to get damages for her falsely placed restraining order since it is tantamount to defamation.

All the girl would have to say is I told him that I could never pay this back and he said "don't worry about it"...Or she could say that I told him I would watch/feed his dog, clean the apartment/house...Paint walls etc. for exchange for use of the card...Its endless the amount of things she could say she did in exchange for the card use...

Silverback Gorilla

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Re: Question small claims court re credit cards
« Reply #22 on: August 18, 2009, 09:08:05 PM »
I have a friend. He got back with his ex wife because he thought that there was a second chance at love.

Even though he wasnt married to her anymore and should not be financially obligated to help her, he did. Her got her a credit card in her name and made her an authorized user.

My friend is in the military and was deployed. He found out his ex wife was cheating on him and he told her he found out....

She charged his card $4000.00 and put a restraining order on him while he was deployed possibly because she didnt want confrontation with him and the man she is cheating on him with and also for the fear he may take her to small claims court.

Can my friend take his ex wife to small claims court to recoup the $4000.00?
You military or local, I'm on Kbay?  I've asked you this like 10x's lol.  Oh, and that's fucked up about ya' boy.  I was married when I 1st got out here, sent that crazy bitch home about a year ago.  Tell homie to cut his losses and move on, time(and new pussy) heals all wounds.
I'm goin' in...

hcg5000iu

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Re: Question small claims court re credit cards
« Reply #23 on: August 18, 2009, 09:35:54 PM »
Pay your bills you fu.cking dead beat

The Wizard of Truth

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Re: Question small claims court re credit cards
« Reply #24 on: August 19, 2009, 03:55:13 AM »
The law will most likely be on a womans side as per usual