(State of CA) My ex-girlfriend from over 2 years ago is suing me for $7500 of credit card debt on one card - Mastercard I think, in small claims court. She is claiming that I alone used the card to rack up these charges. I NEVER SIGNED A CREDIT CARD AGREEMENT AT ALL, whether it be as co-owner, authorized user or anything. Nor did I ever have a card issued to me with my name on it. Both of us ran up these charges during our relationship because it was the only credit card. If I did use it alone for anything, the lending of it was completely voluntary on her part. We would use it at bars, for gas, and everyday shopping trips. If she shows receipts, there are many that might have my signature on them because she used to prefer that I sign when we used it. What do I need to know about the way credit card agreements are handled legally in a case like this? And does anyone have advice? Thank you.

Hello Len:

Just tell the judge what you told us. If she can't prove that you used the card exclusively for yourself, then I think she's dead in the water.

excon

I liked the part about having you sign for things. Very clever conniver she was. Very clever. Suggest you talk to the Judge and let him decide. She may be able to recoup some of the credit card charges though so don't think you're getting off easy. It will definitely be a huge learning experience for you though and one I hope you don't repeat in the future with another gf's credit card. That is a definite no, no to sign your name on a receipt on someone else's credit card. You shudda known better. Now you do.

I agree with Ex; tell the judge the way it happened. However, you've already admitted to us that you used the card "at bars...and for everyday shopping trips" and that you signed the slips. It sounds as if some of the money that got charged was for your sole purchases. I don't think the judge will award her the full amount but you do need to show up and at least plead your side of the case.

What happens you tell the judge, and she tells the judge, so much may depend on what it was for, eating out, and things are merely joint things, if you bought a TV or something you keep and used, then it will be up to the judge if it was a loan or a gift.

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Originally Posted by Fr_Chuck

What happens you tell the judge, and she tells the judge, so much may depend on what it was for, eating out, and things are merely joint things, if you bought a TV or something you keep and used, then it will be up to the judge if it was a loan or a gift.

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The Courts will not hear matters rising from illegal acts and using a card that is not yours is an illegal act, despite the card owner sitting there and handing it over. This is fraud and sometimes theft of services and is an arrestable offense. The OP KNEW he had no right to use the card; the girlfriend KNEW he had no right to use the card.

I see this as a defense.

Girlfriend can't charge him with fraudulent transactions because, as I said, she was sitting there and handed the card over.

- Playing Devil's advocate.