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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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Re stolen charge card: painter I had stole my citicard & charged

Customer Question

re stolen charge card: painter I had stole my citicard & charged $1800 at several places. My local police dept refuses to help me & citicard won't honor their promise of "if you didn't
charge it you won't pay for it." Attys I've talked to(& most were'nt even interested!) all want
$2500+ This is a joint acct with my son & both of our F.I.C.O scores are now down 160
Submitted: 2 years ago.
Category: Legal
Expert:  CalAttorney2 replied 2 years ago.
Dear Customer, I am sorry to learn of this situation. In addition to following up with your credit card (one of the biggest things I have seen with these issues is that consumers rely on telephone calls alone, which while they are convenient lack the same protections and motivation to the credit card carrier to act appropriately as a formal letter - so if you have not done so, make sure that you start writing formal letters to follow up on your calls - see my note on "confirmation letters below), you can do the following:-You can sue the painter in small claims court for "conversion" (the civil equivalent of theft) and "breach of contract" - this can be done quickly and easily in small claims court without requiring an attorney (see: Painter is the true party at fault and is the proper target at issue here, a claim for conversion is an "intentional tort" and you are entitled not only to "compensatory damages" (the return of your money) but also "punitive damages" - additional money damages awarded by the court to punish the painter for their intentional misconduct).-You can open a BBB dispute with your credit card company (the BBB is quick, easy, and free to consumers, and while it does not have any enforcement capability, filing a claim is often successful, and it does not compromise your ability to file any subsequent action against your credit card company in the future), you can file a BBB dispute here: (but start with pursuing as many administrative remedies as possible within the credit card carrier's customer service/dispute resolution process - ask them for a copy of their formal dispute resolution).Confirmation letters: Keep written records of all communications - so if you speak to someone by phone, promptly send a follow up "confirmation letter" summarizing your conversation, who you spoke to, when, and any agreements you reached. Keep copies of your outgoing correspondence, as well as anything that you receive.
Customer: replied 2 years ago.
the BBB can't help me, as he didn't have an "official business"---he's simply a private painter! Neither can Small Claims, as they
require his address & he's "in the wind" Worst of all, I've never told my son about this, as I've always done all bills & finances, as
he's always worked & gone to school & has NO TIME! Even WORSE, he's Just gotten his law degree(going to night school & working 50-60 hrs/wk. Now, his F.C.O score is no longer 800+ & soon, (after the Bar) he'll be trying to consolidate his student
loans , getting married & buying a house & he'll discover he's no longer eligible for the best interest rates--ALL BECAUSE OF
ME & OUR relationship will be badly HORRIBLY RUINED!!!! I'm trappedinto paying this $1800 & I don't have 5 bucks!! PLS HELP!i've tried all your ideas, to no avail! Pls help me before my son discovers I've ruined his credit!! He's just graduated law school(went at nite for 4 yrs while working 50-60 hrs/wk) & after the Bar, when he goes to consolidate his student loans & discovers he's not elegible for the lowest rate, our relationship will be ruined cuz I was SO STUPID! PLS HELP ME!
Expert:  CalAttorney2 replied 2 years ago.
The above are your legal options.My best suggestion at this point is trying to work out a solution with your credit card company.See if they are willing to settle the debt with you over a payment plan - and remove the negative credit rating as a part of this settlement. Most card companies are going to be willing to agree to this, especially if they have a way of getting paid. In the scope of things an $1,800.00 debt is not that big to them (I understand it is a lot of money to you, and you will need some time to pay it back, but the card company is not going to have too hard a time extending this), if they need immediate payment, try working with a local bank or credit union for a short term loan (don't use a cash advance or payday loan, you will get fleeced).Make sure to get everything in writing.RE: Phone Calls: Dear Customer, I do not provide telephone calls - my hourly rate is far in excess of the small fee charged for this "Q&A" session, and I do not wish to provide the impression that we have an attorney/client relationship through this forum. If you desire a phone call, you can post a second question and post in the initial question that you are looking for "Additional Services" and another expert will provide you with an offer giving their fee for this additional service and additional instructions.