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  1. #1
    Join Date
    Jun 2006
    Posts
    6

    Default Falsely Accused of Unauthorized Use (Debit Card)

    State: Tennessee

    Earlier this year my (now former) spouse told me that he wanted a divorce. He wished to keep our home and in exchange offered me a prepaid credit card in his name to relocate. (Balance around 5400.00.) I took the money and moved. On the day I moved out, he reported the credit card stolen, attempted to get money out of me in exchange for canceling one dispute that I became aware of a few weeks later and then he began receiving chargebacks.

    I had no money for an attorney and had to fight this divorce alone. I had my day in court today...and I lost. Although he admitted to authorizing me to use the prepaid debit card, he said he was upset by my taking property he wanted and changed his mind...we are talking about approximately $100 worth of property that he wanted...Is this even legal? Can you authorize someone and change your mind after the fact, charging them with unauthorized use AFTER THE FACT?

    Although I proved my authorized use not only by certified emails but also by my spouses own admission in court today, I didn't have an attorney...he did. They both harped on about property I assured them I did not take and left behind in the home...The judge had no reason to doubt my spouses having given me the card as he admitted it but the judge refused to put this in the final decree, even going as far as to say "She may be charged criminally now...Merchants could come after her...as they should." I was shocked by the decision and statement, especially with his admitting to it all.

    From what I understand he has received refunds in the amount of $730.00 however many more refunds are pending possibly exceeding $3000.00 in all. The largest of any of these charges would be $200.00...

    On top of it all, I found that there are NO transcripts done in this court...you must hire your own court reporter. I had no idea.

    Based upon my spouses admission, my evidence in certified emails from the spouse and the fact that we were married and living together...could I face jail time for this? I have been up for over 30 hours now...it's as if my world is crumbling down around me.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,303

    Default Re: Falsely Accused of Unauthorized Use (Debit Card)

    could I face jail time for this? I have been up for over 30 hours now
    If you are charged criminally, it's possible.

    You've not been charged with anything yet, though, so fretting now is only going to make you sick. IF it should come to pass that you are charged with anything, you NEED to get an attorney.

    Frankly, I'd go looking for a consult now anyway. Contact your local Bar Association for a referral to someone who will help you for no or low fee.

  3. #3
    Join Date
    Jun 2006
    Posts
    6

    Default Re: Falsely Accused of Unauthorized Use (Debit Card)

    Thank you. Doing this today. I did talk to a local investigator who has been assisting me throughout the matter. I told him what occurred and he didn't feel that it made sense at all and wanted to speak with some people and return my call.

    He called the court house directly and asked the secretary who was present in court yesterday. She said that he did admit to in open court but rescinded later (changed his mind) but that saying he did at one time is all it would take for them. He said that if my former spouse attempted to pursue me himself, they would not choose to push the matter because of the facts and would insist it is a civil matter. That was good to hear but what about the merchants? Feeling better today. Calling a few places to discuss...

    I feel a huge injustice has been done here but hope that based upon all of the evidence, the worst that could happen is that I would need to pay back charges I have made if merchants pursued me at all...but we'll have to wait and see, of course.

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