QUESTION
Can my ex sue me for credit cards that are in her name?
Asked on Jul 27th, 2011 on Bankruptcy - Massachusetts
More details to this question:
My ex recently left a relationship of 2.5 years ago (we were not married), but we lived together and mingled all of our money together. She is now suing me for 75% of what she owes on the credit cards - none of which my name are on and we have no formal agreement that I would help her pay them (but I had been doing anyways because I loved her). When we first got together, she was still in school and when she moved in with me she racked up her credit cards (all of which are in her name) because she was only making $100 a week and that was the only way she could afford anything - she did use her credit cards to take us both on a vacation, took out some cash advances to help pay bills. I told her I would help her pay them, but it wasn't anything formal. We moved into a new apartment about 15 months ago - we were both on the lease. If I go back and look at spreadsheets of all our expenses - she did not make enough to pay her half of the expenses to live there. So basically I have been paying for all of her credit cards and most of her living expenses for the past two years. Again, all of our money was very mingled together, the bank accounts were even in her name, but we did have separate accounts- one that she used and one that I used. She took home $1000 per month and I took home $2800 per month. If we split everything 50/50, our living expenses (not including credit cards) was $1053 per month. Does she have a fighting chance of winning? Also, her mom works in the clerks office of the court she filed the law suit in. Is this considered a conflict of interest?
1 ANSWER
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First, it is not a conflict of interest for her to file a suit where her Mother works, unless you have proof that the Mother is unduly influencing the court personnel then you can request the case be removed to another court. I am unclear if you left 21/2 years ago or you recently left and your relationship lasted 21/2 years. The credit card companies will go after her not you. She would have to have some tangible argument as to why you are responsible for her credit card debt. Can she prove that you used the cards? Was any of the items on the cards used to purchase items that you currently possess? She can sue you but the result will depend upon the discovery done in the case and what she can actually prove as being your debt. It is known as a complaint in equity. That somehow you were unjustly enriched by receiving items that she is currently paying for. I think it will be hard for her but don't assume she has no case. I would contact an attorney.
Answered on Jul 27th, 2011 at 2:31 PM