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  1. #1
    Join Date
    Jan 2017
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    14

    Default Threatened With False Debit Card Fraud Charges After Using a Card With Permission

    My question involves court procedures for the state of: New York

    I am in a difficult situation right now. I was dealing with a guy who offered to buy me a car. He bought me the car and then I tried to cease contact with him and he started appearing at my job looking for me and telling people that it was his car and i had stole it from him. after this happened I got in contact with him and apologized for ignoring him. I then asked him why didn't he put the car in my name since he bought it for me. He agreed to do this and changed the name on the title to my name. during all this he had also given me permission to use his debit card if I ever needed it for whatever reason. However I had to let him know that I used it, so that he would know it was me and not fraudulent activity. I used his card a couple times and sometimes I would forget to tell him. fast forward a couple months, after ignoring a myraid of phone calls, voicemails, and text messages he appeared at my house (I'm not sure how he found out my address) and threatened to take me to court for extortion and fraud. He told me that if I don't return the car he's going to tell the court that I coerced him into buying me the car and that I used his card countless times without his permission. Can he do this? what proof would he have that I "forced" him to buy me the car? Also, If I have text messages as proof that I can use his card is that enough to debunk his claim that I used it against his will? In addition to that, can he sue me/ take em to court for essentially using him? He thinks I am in a relationship with my roommate and I believe that is why he is so upset.

    Thank You for your help.

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default Re: Someone is Threatening to Take Me to Court for False Claims

    Whose name is on the title?

  3. #3
    Join Date
    Jan 2017
    Posts
    14

    Default Re: Someone is Threatening to Take Me to Court for False Claims

    At first it was his name but he agreed to change it to my name. Now its my name on the title. I believe he has the title in his possession, will that be an issue?

  4. #4
    Join Date
    Sep 2005
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    98,846

    Default Re: Threatened With False Debit Card Fraud Charges After Using a Card With Permission

    If you had permission to use his card as long as you paid him back, but then used it while "forgetting" to tell him and presumably also "forgetting" to pay him back, I can see why he would have a problem with your actions.

    Can he report you to the police? Certainly? What will the police conclude after their investigation of any report? That will depend upon the evidence they find. The longer he delays in making a report, the less likely it is that his report will be treated as a criminal matter.

    Can he sue you to recover money that you owe him, whether from the car or debit card transactions? Very obviously, yes.

  5. #5
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Threatened With False Debit Card Fraud Charges After Using a Card With Permission

    Quote Quoting gmellz
    View Post
    My question involves court procedures for the state of: New York

    I am in a difficult situation right now. I was dealing with a guy who offered to buy me a car. He bought me the car
    Was that a boyfriend or somebody who expected to be a boyfriend?

    The real story, please.

  6. #6
    Join Date
    Jan 2017
    Posts
    14

    Default Re: Threatened With False Debit Card Fraud Charges After Using a Card With Permission

    He never asked/ or expected me to pay him back. He only asked for me to pay him back after I would ignore him. Once I spoke to him again he would say that he never actually expected me to pay him back and that he was only saying that because he was upset.

    He was someone who expected to be a boyfriend.

    He bought the car as a gift, and in the transfer of the title he listed the car as a gift on the application because thats what it was. He never intended on me paying him back for the car or when he would let me use his debit card to make purchases.

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