Legal Question in Criminal Law in Texas

Re: Credit Card Cancellation

Criminal charges would have to be filed with a police agency, and then a District Attorney would have to be interested enough to file a criminal complaint.

The credit card company simply wants to get paid. My recommendation is to offer to pay the bill. You were aware that your husband and you were separated. So you knew that you were using a credit card that he normally paid, and which he had not authorized.

This is not a lot different than finding a credit card and using it. Hoping that the person who lost the credit card would get stuck with the bill.

The credit card company would have to make available employees as witnesses for the trial, possibly from different state(s), in addition to witnesses (clerks) from stores in which you used the credit card. So it is doubtful that any D. A. would seriously want to go to the extent of a trial to criminally prosecute you. However, your (ex)husband may be very angry, and may want you prosecuted. And in some states (not California) there are procedures for private criminal prosecution.

I'd offer to pay the credit card and make the problem go away. Like a friend of mine said once about going into a zone that had recently taken artillery fire, "If they've ever taken artillery fire, then it's too dangerous."

If you don't do well on cement floors with one wall of steel bars, and toilets with no seats, pay the credit card bill. Because even though the odds are with you that you will not be criminally prosecuted - it's still too dangerous. Your criminal defense attorney will cost you a lot more than paying the bill.

Lots of luck

Re: Credit Card Cancellation

It doesn't appear to me to be a "fraud" case, but I'm not the District Attorney - I think your best option is to contact customer service, have them send you a copy of the statement, and just pay it.

Even if they don't, or can't file a criminal case, they can, and do file civil cases against people all the time - since you used the card - and signed - you may have civil liability. After all, you did get the benefit.