What are my legal options if I used my credit card to help rent a car for a friend and she is not paying me back?

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What are my legal options if I used my credit card to help rent a car for a friend and she is not paying me back?

When it was returned, there was a $2400 charge. She doesn’t have the money to pay it and they will be charging my card for the whole amount. What can I do? I told her it was a felony, but I am not sure of the actual next legal step and what I can do. Sue her in small claims court? Call the police?

Asked on March 11, 2011 under Bankruptcy Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Felony for what?  Theft?  Of what?  Your credit card?  You admitted here that you helped her which indicates that you allowed her to use it voluntarily.  There was no theft at all.  What you have is a verbal agreement between you and your friend to borrow money basically and she is not paying it back.  What you will have to do is to pay the charge and sue her based upon your verbal contract.  I am assuming that this will come under the jurisdiction of your small claims court and that you will have to prove the agreement.  You learned an expensive lesson here and I think you may have lost a friendship in the balance. Good luck


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