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Used a friend's credit card with her permission, now she's saying I stole from her and is filing a police report.
Anonymous6 views5 answers
A friend bought me a few meals and threw them on her credit card. Then I was in a bad place at one point and she just gave me her credit card to buy some food with. She never told me that I had to pay her back, but I figured I would anyway. Time went on and I was making payments to her credit card company in cash at the Capital One office, still using her card from time to time (she allowed me to keep the card to use as long as I was making payments)
One day she told me that I needed to pay the whole balance off to her in cash. Not to Capital One. I told her I didn't think all of the balance was mine and then she demanded that I pay it all off at once, which is something I just can't afford.
Now she's saying she's going to file a police report. Does she have a case?
Michael Lewis MarleyCriminal Defense AttorneyNew York, NY ·
This will come down to who is more credible, you or her. You can't stop her from going to the cops, perhaps getting you arrested, but you do have some points in your favor, in particular that you never had any INTENT to steal from or cheat her and that she freely let you use her card.
Keep a careful record of where, when and how much she let you use her card for, your lawyer will need this.
Cops and or DA will be skeptical if they learn she continually let you use card.
Good luck
I agree entirely with the previous attorney. Do you have records of previous purchases and payments with this credit card? You should explain to this girl that she is in fact committing a crime by swearing out a false statement to the police and she could be arrested after they find out she was lying.
Michael Peter Bassett Jr.Criminal Defense AttorneyMineola, NY ·
Will be interesting since I am sure the Capital One will have video cameras. If what you say is true that you were making cash payments to her card that will be reflected by the cameras and corroborated by the card records. The time on bout the camera and records will show in fact you were making payments. It will also come down to what type of arrangement you and your friend had therefore your credibility will be important. Best of luck to you if this goes forward. Of course hire an attorney if it does.
She can go to the police, but you do have a defense to the charges as discussed in the prior attorney answers. If you do get charged, you will need to get an attorney. You should make sure that you get all of your records of payment together, as well as any correspondence that you have with your friend (i.e. text messages) so that you can try to prove that you used her card with permission and that you were paying for your purchases.
If she tells the police the same story you just told, they will not file a criminal complaint or police report. They will tell her its a civil matter. If she lies, you will be arrested and have to prove your innocence.
