Credit Card theft

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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

Answers:

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

Answered 11 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.


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