QUESTION

Do i have a case for smalls claim?

Asked on Jul 11th, 2025 on Collections - Pennsylvania
More details to this question:
2 years ago, I was away at a mental health retreat, my ex was using my debit card. The first two weeks while I was there, he just started a job and did not have his income. Then, he did not have a bank account to deposit his paychecks. Once I left he continued to use my card, while I would deposit his checks. I would put my pay checks into my savings to differentiate the moneys. He would constantly overspend/overdraft, even with my warning. I would have to transfer money from one account to another to pay overdraft fees or to avoid them. All in all, it was about $2500 out of my money that i had to cover from this. I took back my card after he wouldn't take the "Greenlight*" card I suggested and got for him. While I don't have written contract, I bank statements showing the transfer of moneys in the time frame And I do have in text message that he has agreed to pay me the money back. Do I possibly have a case?
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1 ANSWER

CREDIT CARD COLLECTION DEFENSE Attorney serving Harrisburg, PA
If i understand your situation your ex spent money using your debit card and with your authorization but due to his or her error he or she spent more than he or she was supposed to and spent some of your money instead of the money you had informally separated into the savongs account.  Just as if your ex took cash out of a drawer at home his or her spending your money using a debit card is essentially the same.  You indeed can try to bring an action in theMagisterial District Court to collect the money (I say Magisterial District Court because if the amount is less than $12,000 that is where uou begin).
Answered on Jul 13th, 2025 at 4:59 AM

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