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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 100053
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I allowed a person strapped to pay my cell phone bill with

Customer Question

I allowed a person strapped for cash to pay my cell phone bill with bank card in exchange for the cash. Now I hear the card may have been lost or stolen. What is my liability should this card turn out to be reported lost or stolen.
Submitted: 11 months ago.
Category: Legal
Expert:  Ely replied 11 months ago.

Hello and welcome to JustAnswer. Please note: This is general information only for educational purposes only, and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Can you please tell me:

1) Didn't the bank card have a person's name on it, and it was not the name of the person who gave it to you? Or was this a gift card?

2) Do you have any prior criminal history?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 11 months ago.
Sorry to say I didn't know the person. They put in the info n I thought that if they knew enough of the security prompts to make the payment it was OK. I'm just worried in hindsight suppose it was not that persons card. But now i heard that yhose security prompt are not needed yo Psy over thr phone. All sounds Naive I no but the thought worried me However no I have no criminal hx
Expert:  Ely replied 11 months ago.

I see. Can you please clarify:

Didn't the bank card have a person's name on it, and it was not the name of the person who gave it to you? Or was this a gift card? Gift cards normally do not have people's names written on them.

Customer: replied 11 months ago.
I didn't see the name but it was a bank card. This person took my phone punch in the info n my bill was paid. Later I got a text from cell phone company saying it was paid by bank card n last four digits
Expert:  Ely replied 11 months ago.

Thank you.

A bank card normally has someone else's name on it. It cannot be used by anyone else but the person's who name is ***** ***** card. You accepted a card ("as payment") from someone with a name which was not even that of the person that gave you the card.

Someone in your situation can see how this would be seen as receiving stolen property. It would not be a far leap to assume that someone in your situation knew or should have known that this was likely stolen.

What charge it would be depends on the amount of the money. See HERE. But I am afraid one may have criminal liability here, indeed.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

Expert:  Ely replied 11 months ago.
Hello again. I am checking in because you have not rated positively. To me this means you may have another question. Please let me know – I am simply touching base. Thanks!