Legal Question in Credit and Debt Law in New York

Is This Credit Card Fraud?

Someone (my tenant) 'mistakingly' used my credit card to have a

monthly cable bill deducted from. This person paid the bill each month,

until recently, got a little behind - at which point it came to my

attention. The remaining balance is roughly $2,000. Shall I continue to

let them pay until it's finished, or is it a criminal matter, a civil matter?


Asked on 5/17/04, 5:42 pm

2 Answers from Attorneys

Kevin Connolly Kevin J. Connolly

Re: Is This Credit Card Fraud?

It is a criminal matter. If he had assets, you could consider it a civil matter too, but if he's reduced to impersonating you to have a credit card issued, or stealing your credit card or credit card information, we're not talking about someone who has the means to pay a judgment, are we?

We're talking at least three different forms of larceny...from you, from the issuer of the credit card, and (once you repudiate the charges) the cable company. It's not clear if the tenant obtained a credit card in your name (identity theft, and since he got away with more than $2,000 total, it's a D Felony--2.33 to 7 years in the pen) or got his hands on a validly-issued card in your name (theft of an access device, and since he got more than $1,000, it's an E Felony, 1.3 to 4 years in the pen). But it is clear that you have a felon on your hands, and silly though it may seem, I would advise you to take it seriously indeed. When you repudiate the charges (and if you don't then you are on the hook for the charges) the issuer of the card will undoubtedly insist on a report of the crime. Keep in mind that this person has alredy made hash out of your credit rating; even if you succeed in getting the charges removed, you'll likely find your ability to get credit has been diminished, and the better your rating was before this incident, the more noticeable will be the hit. Notify the police, the credit card company, and the cable company, in that order. Pull your credit report immediately and start notifying the other credit card companies that have been hit. Identity theft is like popcorn: once someone starts, they generally do not stop at one victim or one hit.

Good luck.

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Answered on 5/17/04, 6:04 pm
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Is This Credit Card Fraud?

you have to report this and advise the credit card company immediately. You don't do anything but tell what happened. THey do whatever they want...

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Answered on 5/18/04, 1:05 pm


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