Am I liable to pay my ex-fiancee for an overdraft fee which she obtained because she left her card on my rental car account?

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Am I liable to pay my ex-fiancee for an overdraft fee which she obtained because she left her card on my rental car account?

My ex-fiancee at one point rented a car using my rental account. However, she used her card to make the payment for the car. We broke u, and since then I have not rented a car nor did I know the card was still on my account. She recently got charged for the renewal of my account because she failed to remove her card from the payment selection of the site’s account profile. This has resulted in a charge or her account which also caused her to overdraft. I am currently unemployed and unable to pay anything. Am I liable to pay her, even though it was her responsibility to remove the card info? I did not use the card.

Asked on May 29, 2012 under Bankruptcy Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

IF she could remove the card herself, then you would most likely not be liable; in that instance, it was her own oversight or negligence which caused her loss. However, if she needed you, as the account holder, to remove her card or authorize her to remove it, then she may be able to hold you liable, since in that case, your failure to act would have caused or contributed to her loss.


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