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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33726
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Daughter's fiancé left her abruptly after charging (without

Customer Question

Daughter's fiancé left her abruptly after charging (without her permission or knowledge) $16,000 on credit card in her name, She filed suit. He filed bankruptcy immediately and now she is out of luck. We live in Ohio. Any recourse for her legally?
Submitted: 24 days ago.
Category: Legal
Expert:  Barrister replied 24 days ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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She could file a criminal complaint for theft, fraud and for identity theft and see if the local DA would file a formal charge against him if he used the card without permission and he wasn't an authorized user on the card.

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She can also file a formal dispute for fraud with the credit card issuer and claim that he stole the card to make the charges. They may reverse any charges or seek to prosecute him criminally themselves for any losses.

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thanks

Barrister

Customer: replied 24 days ago.
We got an attorney to pursue civil suit, however the person filed bankruptcy. Prior to attorney she filed charges with Hamilton county sheriffs department and the response was the cyber crimes division didn't think they could do anything. Went to credit card company - she didn't authorize him on the card, but he found and used her personal data such as SS #/address/etc and used her info without her knowledge to contact the card provider to setup himself as an authorized user without any consent or action from my daughter. Can't there be anything like call recordings or IP address tracking that can be done to prove she wasn't the one authorizing this person on her card? All of this happened rapidly, he gained access, made charges, and then cut off communication with my daughter and called off engagement. It wasn't something that happened over a period of time. Charges were first noticed on statement and immediately disputed.
Expert:  Barrister replied 24 days ago.

Can't there be anything like call recordings or IP address tracking that can be done to prove she wasn't the one authorizing this person on her card?

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There likely are records if charges were done online and purchases made from merchants.

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But if law enforcement is lazy and doesn't want to take up the case, you need to go higher. Sheriffs are the bottom rung on the law enforcement ladder. Go to the local District Attorney and file a formal criminal complaint and if you can't get anywhere, contact the Attorney General who is the chief law enforcement agent in the state. If no one in law enforcement will take action, then you are left with disputing the charges with the credit card issuer and seeing if they will void them out based on fraud.

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If he has filed BK, then he is exempt from a civil claim and the only things left are criminal or the card issuer investigating and determining it is fraudulent. A lot of charges in a small amount of time when that didn't normally happen definitely looks like fraud and the card issue should see that..

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But if everyone backs away and says tough, then she is just stuck with the debt and may be forced to file BK herself if she couldn't pay it off.

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thanks

Barrister

Customer: replied 24 days ago.
Thanks for the help. I was wondering about tracing the IP address to the transactions or I'm sure they have a recording if he called through to the credit card company. I believe my daughter called and said the card co requires a court order to release those records. Is that something I can do as a civilian, or would I need to request through a lawyer? She won't file bankruptcy but we're trying to see if there's someway she can be relieved of those fraudulent charges. the card companies seem to make it difficult. Would a private investigator be able to help get that info?
Expert:  Barrister replied 24 days ago.

You are very welcome.

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I believe my daughter called and said the card co requires a court order to release those records. Is that something I can do as a civilian, or would I need to request through a lawyer?

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This would have to be in response to a subpoena after a civil or criminal case was filed.

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And no, a private eye wouldn't be able to do much unless there was also a civil or criminal case filed. But since you already filed a civil suit, even if he filed BK, you can still have a subpoena issued by the attorney for those records and then use them in any criminal prosecution.

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thanks

Barrister