When you are issued a credit card, you are allowed to designate people authorized to use it. Only those people are legally allowed to do so. If another person uses the credit card, she is guilty of fraud and may face civil and criminal penalties. If your former spouse or significant other has used your credit card without your permission, either before or after you separated, you can sue her in court.
Instructions
- 1
Identify unauthorized usages. Take a complete account of the unauthorized charges made by your ex. Examine all past credit card statements and look for any unfamiliar items. If you are not sure if a charge was made by your ex, call the retailer and ask for details about the purchase. The retailer may still have a receipt for the items purchased.
2Collect relevant documents. To formulate a convincing lawsuit, you will have to provide evidence that the charges were in fact made by your ex and that you did not authorize them. Any receipts from these charges that you can find, particularly those that have her signature on them, would be helpful, as would any other documents that appear to corroborate the nature of the charges, such as emails or voice mail messages in which she discusses making the charges.
3Present your case to an attorney. While hiring an attorney is expensive, it may make financial sense if the amount illegally charged to your card is large enough or if the damage done to your financial reputation is significant. Although you are legally allowed to argue the case yourself, an attorney is far better prepared to formulate a legal argument as well draw up and file the necessary courts papers.
4File suit in court. After an attorney has examined the evidence you have presented him, he will prepare a suit. This civil suit will likely seek the return of the money charged to your account as well as compensation for any ancillary damages. For example, if your ex hurt your credit score, your attorney may seek financial damages to make up for this.
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