How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LegalKnowledge Your Own Question
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 23966
Experience:  9+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
9540344
Type Your Legal Question Here...
LegalKnowledge is online now
A new question is answered every 9 seconds

Separated wife is trying to say o used her card with out

Customer Question

Separated wife is trying to say o used her card with out permission and filing fraud
Submitted: 2 months ago.
Category: Legal
Expert:  LegalKnowledge replied 2 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  LegalKnowledge replied 2 months ago.

What is her basis for this?

Customer: replied 2 months ago.
okay thanks
Expert:  LegalKnowledge replied 2 months ago.

Can you share with me why she is claiming this?

Customer: replied 2 months ago.
I used the card a few times. Oldest is like may. We're still married and i had always used the card but now she's trying to get me to pay her
Expert:  LegalKnowledge replied 2 months ago.

Is this a joint account or is the account and card solely in her name?

Customer: replied 2 months ago.
She's claiming she did not give me permission to use the card and filing a chargeback.
Expert:  LegalKnowledge replied 2 months ago.

Did she give you permission? Why did you have her card? Why did you not use your card?

Customer: replied 2 months ago.
I had always used it before. It's just in her name
Expert:  LegalKnowledge replied 2 months ago.

Why do you not have a card in your name? I am just trying to understand why if you are separated, you are still using her card, in her name and do not have your own card?

Customer: replied 2 months ago.
I had the card in my wallet since god knows when. I had always used it I didn't even think twice about it
Expert:  LegalKnowledge replied 2 months ago.

If you have always used it and continued to use it, after the separation and she never said anything before, you could have a defense. Typically, when a couple separates, the other party does not and should not be using their card or have/use access to their finances, without permission. Moreover, if you are married, you should have your own card to your own account or a joint account, so it is odd that you have her card and use it and do not have one of your own. None the less, if you used her card and bought something, you may want to try and settle and resolve this and pay her back. You can always reply on her allowing this and her never telling you to stop using it but if you were separated, it is questionable as to why you would use it rather then your own card or money.

Customer: replied 2 months ago.
No disputing it was stupid.
Expert:  LegalKnowledge replied 2 months ago.

If you pay her and resolve this, it may be in your best interest, so she is made whole and has no suffered any damages. Then, she may back off and not proceed with this and you should return the card to her as well.

Customer: replied 2 months ago.
Yeah and I should probably get some sort of receipt
Expert:  LegalKnowledge replied 2 months ago.

Yes, you can pay her with a check or other instrument so you can write and document, that she received the funds. Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.