terryn asked in Business & FinanceCredit · 1 decade ago

what is the process and where do you file small claim fo Chicago, Il?

I would like to get credit card paid by former boyfriend whom I lived with for 6 years and card is only in my name. He did have a card as an additional user but not linked with his s.s. Also Is it possible to try to get money taken out of my 401k that was used as a down payment in the purchase of a house we jointly own.

1 Answer

  • 1 decade ago
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    I'm not a judge, but I would think that if your boyfriend used your credit card, had a card as an additional user and the account was under your name, then the judge would say "you" gave the card to him to let him use it knowing full well he was using it, therefore you allowed him that freedom, and "you" are responsible for the debt and not him. The only way I see it that you could get him to pay is if you had some written agreement (with terms and conditions between you two spelled out in words that he would be responsible for what he charged) when you gave him the card. Most of us don't think that far ahead. So I'd say, don't waste your time and money in court. Chalk it off to experience and don't let that happen again.

    First of all I think there are penalties for taking out of a 401K but, you'd have to read up on the rules for your 401K. I don't understand your reasoning for wanting to take from your own 401K account.

    Who has the house now? If it was jointly maybe it still is jointly, and when sold you should get your money back, or at least the part you you lived in the house. A judge should determine that. How much was the downpayment? The question is "were you both living in that house for a long length of time or is this a minimal thing you should just walk away from".

    You were specifically asking about "small claims court", and small claims court is where you represent yourself and have to "prove" everything...and that would be very difficult for you to do in detail enough to sway the judge to your side. But also small claims is for items under $5,000 total. We don't know what specific amount you are talking about.

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