Legal Question in Criminal Law in Florida

My father allowed us to use his credit card number, for several purchases. When we told him the exact amount, he was upset, but after talking to him, everything was okay, or so we thought - when he got the bill, he got upset again, not realizing we had gave him the amounts we used it for previously, and called the credit card company and reported that he did not know where the charges came from, even though it showed our name on there from a payment service. Not realizing it could get us in trouble with the law, he called the credit card company, told them that he did not recognize any of the charges, and they asked him if he wanted to report the card lost or stolen, and he said "Yes". While setting up a payment plan with him, he told us that the credit card company said they were going to pay him back - that they were going to blame the payment service we used, not realizing that this meant we could get criminally charged. He doesn't want us to go to jail, but at the same time, thinks that he can just get his money back without us getting in trouble. We asked him if he would call the credit card company and tell them that it was a mistake, that he did, in fact, allow us to use the card number, because that's the truth, but he said, "lets just wait to see what happens when I get the next bill.", and does not realize that if they give him his money back, they are not going to just be okay with that, but prosecute us to get the money back. We don't know how to tell him how important it is to let the credit card company know that he did, in fact, know about the charges. We don't know what to do. Our parents are close to 90 yrs old, and do not think that it's possible for us to get in trouble with the law for using their card - they just think their money will get paid back by the credit company because they have that in their policy. If that were true, then all kinds of people would be reporting that they didn't recognize charges, and the credit companies would be totally broke from paying everyone back without compensation. Thank You.


Asked on 11/02/12, 3:59 pm

1 Answer from Attorneys
Brian Balaguera The Balaguera Law Firm, P.A.

Generally, creditors will require the card holder to sign an affidavit and pursue prosecution before they let the card holder off the hook for the charges. In addition to being charged with theft, it's also possible to be charged with exploiting the elderly because of your parent's age and apparent mental condition.

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Answered on 11/14/12, 8:26 pm


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