Expert: Jim Pastore - 7/28/2007

Question
im in new york
recently a friend posed an interesting question:
if someone uses  another person's debit or credit card, what is the law?
are there extenuating circumstances?
e.g. if the  owner of the card had borrowed $ from the thief?
or if the owner had been holding $  for him?
or if the woner  was given $ to  purchase things for the lender who got tired of waiting for him to do so, and ordered stuff himslef?
or paid bills?
doee anything about the legality change if the card owner was the unauthozed user's fiance?
by thief i dont mean the actual card was stolen and used
only the number?
or in general, how does one protect themselves from a spurned lover, when they have prior to your breakup or argument ahve given u card data to use , and /or to pay ,mutual or sole bills, or to pay bak a debt , etc and u use the card and they can claim u were unauthorized?
what will the reaction of the bank be?

and the ramifications for civil and criminal prosecution?
what if  goods were ordered on line  or by fone and the  UU cannont be traced?
under what circumstances is  a freind allowed to use  a debit or credit card?


if goods were bought would the police obtain a search warrant and take them from the UU premesis?
or reverse the  bill payments?
or involve the delviery service  utilized and the one that witnessed the signing of the shipping  delivery or who sigend for the package?

how doe sone protect themselves from getting in trouble  in such scenario when u want your $ bak.\

if someone grabs $ form me can i grab it back ?
if i givee someoen $  to hold , and they refuse to use it as agreed upon or to  give it back can i seize it?
if i do so will i b prosecuted?


Answer
Yom,

   I going to answer your quest in a short answer. If  someone takes someone else's credit card without their knowledge or permission it's a Felony. If the person who owns the card wants to press charges he can do so. It makes no difference who owes who what. The point is it's considered a stolen credit card and the thief can be prosecuted.

Jim