What cab happen if someone gave me their credit card but is now saying that I used it without permission?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What cab happen if someone gave me their credit card but is now saying that I used it without permission?
My friend’s boyfriend was having a party and lent me his credit card in order for me to pick up more beer. I did just that and returned with both the beer and the card which were then returned. Then, 2 weeks later, my friend and her boyfriend had a beef with me and decided to say that I use the credit card fraudulently. They even went as far as to ask the liquor store for security tape to use as proof. Whether or not that actually happened, I don’t know for sure. He said he’s pressing charges. I bought $17 worth of beer on the card. Nothing else. Can they really report this and will it actually escalate? It’s his word against mine and the dollar amount is so low, I feel like the police have better things to do than humor this guy. I just wanted to get an opinion.
Asked on June 19, 2017 under Criminal Law, Delaware
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Someone could be arrested and/or charged based on someone's word only, or one word-vs-word--it happens all the time, in many cases involving threats, harassment, theft (the thief may claim the mone or object was theirs), etc. The issues are:
1) How credible are they are witnesses? How credible are you? The authorities do evaluate credibility in trying to determine what really happened.
2) How much is at stake--if only $17, it reinforces your credibility, that you were running an errand for them, since most thieves who take a credit card without permission will charge more than $17.
3) Did you return the card--since you did, that reinforces you were allowed to borrow it.
4) Did you give them the beer you bought--since you did, that also reinforces that you were buying it for them.
So, in sum...in theory, you could face charges over this, but at least three of four factors count in your favor. Add to that the fact that the police don't like to get involved in trivial or minor matters (e.g. $17) given what else is on their plate to worry about (assaults, armed robbery, drugs, major fraud, etc.) and it is highly likely nothing will come of this.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.