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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37810
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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A person in LA has fraudulently used my CC for thousands of

Resolved Question:

A person in LA has fraudulently used my CC for thousands of dollars in the last few months. How do I have that person charged with CC theft and recover my money?
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Hi, thank you for asking your question today. The other Experts and I are working on your answer. By the way, it would help us to know:


-What have you already tried?
-Do you have any idea where this person is located?
-How did this person obtain this information about you, what happened?

Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.
Customer: replied 1 year ago.

I have notified the CC company and cancelled the card. I know the individual and had given her my CC number to transact specific charges. I noticed just this past week that she has used my card over the last 3 months for thousands of dollars of charges that I did not authorize.

Expert:  Dimitry K., Esq. replied 1 year ago.
Diarmuid,

Thank you for your follow-up. Was this a friend, a business partner, or some other person? If you gave the person your credit card information, what transactions did you authorize and what didn't you authroize, do you some sort of a written agreement in place showing the difference?
Customer: replied 1 year ago.

This was a friend. I gave permission for certain transactions to be charged. There is no written agreement as to what can be charged. There is specific written texts as to what can be charged and cautions to the individual not to charge anything else. But she has gone ahead and charged thousands of unauthorized items to my card. Surely this is CC theft?

Expert:  Dimitry K., Esq. replied 1 year ago.

Diarmuid,

Whether or not this is credit card fraud remains to be seen. Please allow me to explain what I see, and if I am incorrect, you can reply and clarify.

What I see here is a situation where you chose to give someone your credit card information. That fact is undeniable. There was no theft of information, no claims that the other person was not authorized to use the information, but there is a claim on your end that this person went beyond your authority and charged far beyond what you consented to.

Here is the issue--because this card information was given over by you and was not stolen, AND certain transactions were permitted, the burden is on you to prove what was permitted and what wasn't permitted. Here, giving someone a card and allowing them to charge gives them a viable claim that whatever they charged was based on your consent (as there is nothing in writing denoting otherwise), or was a 'gift' since likewise there is nothing denoting any sort of limitation. As a potential plaintiff and victim you have the burden of producing evidence that this person acted beyond your limitations. Such proof may be email, chat, text, IM, or written contract. Without evidence it is simply your word against theirs, and it is therefore a situation where the judge upon hearing this case would have no choice but to dismiss as there is no evidence (at least none that you as yet mentioned beyond text messages) which would place limits or restrictions on this person's charging.

You mentioned that you have texts that give this person a limitation. That is great because it gives you an ability to file civilly for damages. But this likely wouldn't be criminal since the other party has the defense of claiming that the amount charged was either within your limits given or was otherwise permitted or consented to--those defenses happen to be fact based and therefore police departments would likely pass on charging and would request that a civil judge would evaluate it instead.

If you are able to prevail, then with that liability in place, you could then go to the county DA's office and ask them to extend charges. You can try to do so now but the DA may elect to not charge until there is a civil award in place.

Hope that helps and please let me know if I missed anything.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37810
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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