Legal Question in Criminal Law in Wisconsin
My son's ex girlfriend used my credit card without my permission to charge $300 worth of clothing. When I asked her about paying me back she claimed that my son said he would pay for the charges because she paid rent while they were living together. Do I have any change of recovering my losses if I would take her to small claims court. She had used my card in the past with the understanding that she had to pay me back.
1 Answer from Attorneys
Any time that an unauthorized charge is made on a credit card, filing a dispute with the card company ASAP is an absolute must. If promptly reported, your liability for unauthorized charges is limited to $50 in most circumstances. However, in this case, I would also go to the additional step of reporting the card stolen and reporting the charges to the police, particularly since she is likely to use it again in the future. Suing civilly is another option; anyone can start their own lawsuit in small claims court only costs around $85 plus process server fees. However, it is extremely difficult to collect money in WI even if you have a judgment and you could end up on the receiving end of a bankruptcy. A restitution order in criminal court, however, is not dischargeable in bankruptcy and much more likely to be paid. My comments here are not legal advice, nor do they create an attorney client relationship between us. However, you are welcome to contact my office to discuss retaining me or to set up a free initial consultation at my office in Racine. I also can sometimes arrange to travel outside of Racine for initial consultations if absolutely necessary.
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