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Credit Card Fraud Questions

Credit card fraud occurs when a credit card is used fraudulently and funds are gained by the act. Generally, the fraud is committed as an attempt to gain goods without having to pay for them. This type of theft usually begins when a credit card is stolen or credit card information is acquired. Credit card fraud can usually occur without the card holder's knowledge. Of course when unauthorized use of the card is noticed, the thief could have had the card information for days or weeks. Below are just a few of the more commonly asked credit card fraud questions that have been answered by Experts.

Can I be charged for credit card fraud if I was authorized to use the card and the other person is denying he authorized it?

Without being listed as an authorized user on the credit card or at least have permission from the account holder in writing, you are going to have a hard time proving that you were given permission. You will have to show some form of proof that you were actually given permission. If you have nothing in writing, then maybe there were people around you when the card holder gave you permission to use the card. If there are witnesses, you can get written statements and you can give this documentation to the police. If there are no witnesses, you will need to provide some other type of evidence that would show you were given permission to use the card. Perhaps the card hold has let other people use the card as well (without written consent). Has the card holder made accusations about unauthorized card use in the past? Something as simple as a cell phone bill that shows a call between you and the card holder that corresponds with the use of the card could help your case. At this point, all you have is your word that you were given permission. You need to find evidence that you were given permission. You may not be charged if you can present enough proof in your defense.

What would be the penalty for credit card fraud in Texas equaling just under $10,000?

The penalty for credit card fraud that results in an obtained value of $1,500-$20,000 is a felony that is punishable by 6 months to 2 years in jail and/or a fine of up to $10,000. This doesn't mean that you would serve jail time; this is the punishment for the crime. Before sentencing, the court will look at your criminal history, any attempts that you have made at paying the money back (restitution) and how cooperative you were in the investigation.

My son was arrested tonight for credit card fraud and theft. What do we need to expect at court?

If you want to know the exact charges against your son, you can go to the court clerk's office and look at a copy of the warrant that was issued for your son. Don't expect too much information other than the charges. Your son will go before a judge for an arraignment tomorrow and a preliminary hearing will be set. Once your son has a preliminary hearing set, you need to find an attorney to represent him.

I've been accused of credit card fraud and the card belongs to my mother, what will happen? Will I be arrested?

While the credit card company could file criminal charges against you, ultimately it would your mother who would probably take action against you since it was her card you used. You should probably ask your mom what she plans on doing about this situation. The credit card company probably won't seek criminal charges unless your mother is in agreement with them. If she wanted to, your mother could file charges against you which could result in jail time of 5-15 years. Repeat offenders could expect to spend up to 20 years in prison for credit card fraud.

Credit card fraud can carry stiff penalties and can ruin a person's future. Being a victim of credit card fraud can be a nightmare as well. If you have questions about or find yourself involved with credit card fraud, you should ask an expert for assistance.

Ask a Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
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Recent Credit Card Fraud Questions

  • I reported an unauthorized purchase on my debit card to my

    I reported an unauthorized purchase on my debit card to my bank, and they proceeded to cancel my card and refund my money on the condition that I would have a police investigation confirm that I was not scamming the bank. I filed a report with the police, but due to technology and communication problems it took a month and a half of constant calls to and from the police, and when we finally made contact, no progress had been made. At this point, I would rather pay the bank back that $75 purchase and end the investigation, as the borderline harassment from the police has been more of a hassle than a help. My question is, can I ask the police officer to end the investigation? Or will I be charged with interfering with an investigation if I ask him to end it?
  • In CA. Spouse and I are victims of a well organized ID theft

    In CA. Spouse and I are victims of a well organized ID theft ring. They have all our info, and while we have stayed one step ahead of them (they have only obtained maybe $3k) they are now calling family, friends, us at work, us at home. They even spoof our credit card fraud department phone numbers! We have followed everything we are suppose to do - credit freeze, trying to get all inquiries removed from report, police report, FCC, contacted banks, credit cards, investments, etc. Unfortunately, these institutions keep giving information even with fraud alert, issuing new cards etc to the thieves. We spend at least 10 hours a week working on this.
    We have read horror stories about obtaining new social security numbers and the negative impact. But since these thieves have all our data not sure what else to do.
    My question - what about a legal name change (can you get it sealed not in public record) and maybe even date of birth (change by a few days) so records that thieves have no longer match. If so what type of attorney do we hire - we are both extremely busy professionally.
  • There is going to be in a criminal case against one of my ex

    There is going to be in a criminal case against one of my ex employees for ID theft and credit card fraud. Will the discovery process allow the obtaining of financial records, property records and a search warrant of his home? He took the items he purchased out of state and are most likely in his home several hundred miles away in a different part of the country.
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