Can I be charged with fraud for using my boyfriend’s credit cards if I have an affidavit giving me the right to use them?

UPDATED: Sep 30, 2022

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Can I be charged with fraud for using my boyfriend’s credit cards if I have an affidavit giving me the right to use them?

I was in a relationship for 7 years. We lived together for most of that time and I was the sole supporter of the family for the majority of our relationship. I paid all the household bills, as well as his and my own personal bills. During our relationship my boyfriend gave me his credit card to use on occasion and he used mine. When our relationship ended about 3 months ago, he gave me a notarized affidavit stating that I had permission to use his cards during the course of our relationship and even listed the cards he currently has. The affidavit says he knew about all of them and all transactions were made with his knowledge. My ex recently found out that I am seeing someone else and is becoming increasingly angry. He says he is filing charges for credit card fraud and that the affidavit he gave me

Asked on October 9, 2016 under Criminal Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The affidavit should "hold up" so long as, if he does try to file charges, the authorities believe it was signed by him--e.g. it's in his handwriting, or (better) he does not deny having written it. If the charges were approved at the time, he cannot retroactively "unapprove" them; therefore, as long as there is reliable evidence that you were authorized when you incurred the charges, you should be fine.

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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