Credit Card theft

UPDATED: May 28, 2009

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Credit Card theft

A friend of mine asked me to pay her phone bill over the phone with my credit card and I allowed her to, but I found out about six months later that she had kept my card number and had been using my card every month to pay her phone bill without my permission. I had some personal issues and never got it taken care of and I ended up paying the $900 bill to avoid further charges, This was about two and a half years ago but it has been bothering me recently and I wanted to know if it is too late to press charges in New York.

Asked on May 28, 2009 under Criminal Law, New York


J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I would have to know the exact date that your friend used the card to determine whether the statute of limitations has expired for pressing charges.  However, even if the statute of limitations has expired for pressing charges, you can still sue your friend for civil theft, unjust enrichment and conversion - all of which have a statute of limitations period of at least 3 years generally.  The statute of limitations is a statute that provides a time limit for taking legal action.  to be able to file a case you must be within the applicable statute of limitations.  I suggest hiring a lawyer to take immediate action.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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