Ex husband refused to pay for his credit card. Gave the company my checking account information.

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Ex husband refused to pay for his credit card. Gave the company my checking account information.

Ex husband refused to pay for a credit card. Gave the CC company my personal checking account information to pay it off. Payment did not go through. Incured overdraft fee. What legal recourse to I have? Thank you.

Asked on May 4, 2009 under Criminal Law, Texas

Answers:

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

Answered 11 years ago | Contributor

While I am not a licensed attorney in TX, I deal with this sort of thing in CT.  The first thing that you need to do is call the bank and report the incident.  This way, the bank is on notice of what happened.  I also suggest contacting the police to report the incident as they are the ones responsible for prosecuting this crime (i.e. theft/fraud).  If your ex is charged with a crime, the court may order that he repay you the money that you incurred (overdraft fee) as a result.  This is commonly known as restitution.  If there is no prosecution of your ex, then I suggest taking him to small claims court and explain the situation to a judge.  Most jurisdictions recognize liability for  civil theft as well as criminal theft and some state statutes permit you to get double damages.  I wish you the best of luck!


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