Legal Question in Criminal Law in Georgia

My mother in law provide her debit card number to rent a movie through Xbox while visiting. After which Xbox automatically uses the last payment entered as the default payment. Two months later we rented a movie not realizing that her card was the default card. A charge of $5.99 was placed on her card. Can she claim credit card fraud? She is now threatening legal action against us even through we explained it was an honest mistake with no criminal intent. We mailed her a money order for $6 to correct the mistake and she is now threatening that if my wife does not give back a gold watch that she gave my wife for Christmas that she will file charges. I am almost positive she has no case but it would be nice to hear it from an attorney. We also spoke with her bank and explained the situation. They were very understanding and just asked for a copy of the money order we sent her which we provided. They said no action would be taken on there end. Does she have any grounds to file a criminal complaint? Thank You in advance for your answer.


Asked on 6/13/13, 1:30 pm

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

She is not going to do anything for $5.99, so on your end don't enable and encourage her by going to the bank, asking lawyers and worrying about it. If you reimbursed her, drop it. She might be enjoying seeing the overreacting.

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Answered on 6/13/13, 1:35 pm
Robert Gardner Hicks, Massey & Gardner, LLP

I agree with Mr. Riddle's response. If you sent her back the money taken out, she has no basis for any legal action, much less fraud. Make sure to change the default settings with xbox so that this does not happen again. If she is making demands, such as giving back gifts, it sounds like she has other issues with you that she is using this as an excuse to make noise about. However, she has no basis for doing so,and if she does file some bogus charge or lawsuit, you should hire an attorney and seek reimbursement of your legal costs.

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Answered on 6/14/13, 7:34 am


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