Credit Card Debt Question

T

TheVeil

New Member
Jurisdiction
California
Hello, hopefully my question is not confusing. Heck I might already know the answer but figured I would ask for advice. My girlfriend is in a situation where her ex boyfriend recently passed away. While they were together which was years ago she allowed him to use her credit card to make a down payment on a dirt bike. What is confusing to me is the bike is supposedly already paid off but he still owed 3000 on a down payment or something. Im sure the credit card account should have statements showing that he was making the payments. While there is no written agreement they did have a verbal agreement that he would be the one to completely pay it. What makes this situation hard is well the fact that he just passed away, he was a family and wife, and the card is under my girlfriends name. Is there anything that can be done or she can do to have the family or someone make those payments and fulfill his word.
 
TheVeil said:
Hello, hopefully my question is not confusing. Heck I might already know the answer but figured I would ask for advice. My girlfriend is in a situation where her ex boyfriend recently passed away. While they were together which was years ago she allowed him to use her credit card to make a down payment on a dirt bike. What is confusing to me is the bike is supposedly already paid off but he still owed 3000 on a down payment or something. Im sure the credit card account should have statements showing that he was making the payments. While there is no written agreement they did have a verbal agreement that he would be the one to completely pay it. What makes this situation hard is well the fact that he just passed away, he was a family and wife, and the card is under my girlfriends name. Is there anything that can be done or she can do to have the family or someone make those payments and fulfill his word.
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Your GF is responsible to pay the credit card company for the amounts on the card. Your GF may be able to make a claim against the estate of the dead ex for the remaining balance, but does she really want to take this money out of the hands (and mouths) of a young family who just lost their husband/father?
 
Zigner said:
Your GF is responsible to pay the credit card company for the amounts on the card. Your GF may be able to make a claim against the estate of the dead ex for the remaining balance,
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That's what I was going to say.

Zigner said:
does she really want to take this money out of the hands (and mouths) of a young family who just lost their husband/father?
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Does that go for every creditor of every estate that has debts?

She has every right to the money, just like any bank, credit card company, mortgage company, utility company, cell phone company, etc that would make a claim against any estate.
 
adjusterjack said:
Does that go for every creditor of every estate that has debts?
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Nope. I believe I stated that the GF has the right to make a claim against the estate.

She has every right to the money, just like any bank, credit card company, mortgage company, utility company, cell phone company, etc that would make a claim against any estate.
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No argument from me on this - she has every legal right to make a claim. Of course, she will need to be able to prove her assertion regarding the agreement.
 
TheVeil said:
My girlfriend is in a situation where her ex boyfriend recently passed away. While they were together which was years ago she allowed him to use her credit card to make a down payment on a dirt bike.
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What does "recently" mean? When exactly did he die (at least the month and year). When was the purchase made? When did they break up? How much was the down payment? Did he finance the balance of the purchase price with some lender?

TheVeil said:
What is confusing to me is the bike is supposedly already paid off but he still owed 3000 on a down payment or something.
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"Supposedly already paid off"? "...or something"? Just so you know, if you don't know the relevant facts, it will be virtually impossible for us to provide you with any useful feedback.

TheVeil said:
Im sure the credit card account should have statements showing that he was making the payments.
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Your girlfriend's credit card statements will show any payments that were made, but they will not show who made the payments.

TheVeil said:
Is there anything that can be done or she can do to have the family or someone make those payments and fulfill his word.
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I think the bottom line is that, at some unstated point in the past, with your girlfriend's permission, her then boyfriend charged some unstated amount to her credit card. He died recently and had not paid off the amount charged before he died.

Details are unclear, but your girlfriend will need to file a claim within the time provided by statute or sue her ex-boyfriend's estate, which would need to be done within one year after his date of death.

Zigner said:
but does she really want to take this money out of the hands (and mouths) of a young family who just lost their husband/father?
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Maybe I missed it, but I don't see anything in the original post regarding the ages of any of the persons involved. Also, who's to say that the OP's girlfriend doesn't have children of her own whose lives will be bettered by the recovery of this money?
 
zddoodah said:
Maybe I missed it, but I don't see anything in the original post regarding the ages of any of the persons involved. Also, who's to say that the OP's girlfriend doesn't have children of her own whose lives will be bettered by the recovery of this money?
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Just a gut feeling...
 
Zigner said:
Just a gut feeling...
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Yes we are in out 30's but what does that have to do with anything? Yes we have children and no we are not married. As for taking money no we are not taking money. Its not like we are trying to use this money for a vacation or something is pretty much an unpaid balance that he agreed to pay. If anything we don't have the money to be paying off other peoples bills when we have a family of our own. Im not trying to be heartless here but he is or was equally responsible if not fully. Yes my girlfriend was careless and shouldn't have done what she did in my opinion.


zddoodah said:
What does "recently" mean? When exactly did he die (at least the month and year). When was the purchase made? When did they break up? How much was the down payment? Did he finance the balance of the purchase price with some lender?
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What makes this whole situation harder for us is that she recently lost her grandfather on the 11th of September and now she gets hit with paying off the debt of a boyfriend from the past who passed over the weekend. As for the facts I'm still trying to help her remember. Its hard to push for facts when shes going through so much. The only thing I can gather without her breaking into tears is that he used her credit card to make the down payment and agreed to pay it off when they were together. He continued to make payments using his bank account I assume which is why I feel maybe that could stand for something. Generally in credit card statements does it not show where the money came from? I said supposedly paid off because she said he paid it off the actual bike and they even did a transfer of the title to have the bike under his name. I'm gonna figure that this is probably something she just messed up on, was taking advantage of in order for him to get his bike and now she's gonna be left paying his debt. Well I should say we because obviously I'm not going to let her do it alone.
 
So, she says that he paid off the bike AND she transferred it to his name? That's evidence for the bike being paid off and the ex not owing anything further on it.
 
Zigner said:
So, she says that he paid off the bike AND she transferred it to his name? That's evidence for the bike being paid off and the ex not owing anything further on it.
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But not evidence of the credit card being paid off.

Let's say the bike was $20,000. He uses the credit card to pay a $5000 down payment and finances $15,000 with the bike's finance company. Paying off the $15,000 clears that loan and the title gets released to him.

Meantime he's made payments on the credit card that result in the remaining balance of $3000. The remaining balance on the credit card has nothing to do with the title to the bike.
 
adjusterjack said:
But not evidence of the credit card being paid off.

Let's say the bike was $20,000. He uses the credit card to pay a $5000 down payment and finances $15,000 with the bike's finance company. Paying off the $15,000 clears that loan and the title gets released to him.

Meantime he's made payments on the credit card that result in the remaining balance of $3000. The remaining balance on the credit card has nothing to do with the title to the bike.
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I'm going to preface this by saying that we're really just getting a vague second-hand retelling of a confused story.

The OP implies that the GF agreed to transfer the title to the ex. If the GF hasn't been paid in full, then why would she do that?
 
Zigner said:
I'm going to preface this by saying that we're really just getting a vague second-hand retelling of a confused story.

The OP implies that the GF agreed to transfer the title to the ex. If the GF hasn't been paid in full, then why would she do that?
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That's pretty much what it is. I'm only here looking for some help and advice which I appreciate everyone's answers here. I'm not looking for someone to tell me what we should do. What we are trying to get paid off here is not the bike but the 3,000 that was used as a down payment on the bike and he agreed to payback. No there is not written contract just verbal. Did she sign it over yes, another dumb move on her part. That's what makes me angry is that and I'm sorry for saying this because he has passed but, what kind of asshole takes advantage of someone's credit like that. Yes she stupidly allowed him to use her credit and open up debt for her and then goes and makes her change the name on the title over to him.
 
TheVeil said:
That's pretty much what it is. I'm only here looking for some help and advice which I appreciate everyone's answers here. I'm not looking for someone to tell me what we should do. What we are trying to get paid off here is not the bike but the 3,000 that was used as a down payment on the bike and he agreed to payback. No there is not written contract just verbal. Did she sign it over yes, another dumb move on her part. That's what makes me angry is that and I'm sorry for saying this because he has passed but, what kind of asshole takes advantage of someone's credit like that. Yes she stupidly allowed him to use her credit and open up debt for her and then goes and makes her change the name on the title over to him.
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How long ago was this charge made? How much did he pay off?
 
I guess my final question would be. As heartless as is might be to "take money/food" out their mouths. Is it something we can take small claims court about? I mean she even has texts of him agreeing to make the payments and pay the entire amount. 3,000 to us IS a lot of money. We sometimes are barely making ends meet. Its not something we can just take up. If it is what it is then we'll do what we can i guess.
 
TheVeil said:
As ridiculous as it might sound 6 years ago. $6000 owed and only paid off $2,700 so yes the actual total he left owing is $3,300.
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Another question. Did he actually only pay $2,700, or was the balance reduced by $2,700?
 
Zigner said:
Another question. Did he actually only pay $2,700, or was the balance reduced by $2,700?
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That was what he paid off. He focused primarily on the bike. I'm assuming to not lose it. I mean why pay for the down payment if it wouldn't affect him I'm guessing. He was able to do so because my girlfriend put is name as another card holder. A total wrong move. She trusted him way to much for the short span they were together.
 
Well, if she can prove the loan to the satisfaction of the administrator of the estate, or to the court (if it comes to that), then she may be able to recover the remaining money.
 
TheVeil said:
I guess my final question would be. As heartless as is might be to "take money/food" out their mouths. Is it something we can take small claims court about? I mean she even has texts of him agreeing to make the payments and pay the entire amount. 3,000 to us IS a lot of money. We sometimes are barely making ends meet. Its not something we can just take up. If it is what it is then we'll do what we can i guess.
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