Legal Question in Credit and Debt Law in Pennsylvania

I received a message through Facebook from an ex accusing me of committing credit fraud for a small amount. I have no criminal record nor run ins with any police, ever. In the aggressively written message, the person demanded the lump-some amount. My ex also stated that they can not give me a transaction history or "itemized bill" because their bank will not give them one. After about 3 weeks, Today, the person messaged me saying that I have until Thursday(3 days early from the Demand Letter time, if Facebook even qualifies as a Demand Letter) or they'll file a complaint through small claims.

I wanted the person to show me legitimate proof of the charges that were made but all they can do is type a list they wrote down that they claim the bank read to them. I'm pretty positive it was not me, though if the small amount gets them out of my life, I'm willing to pay it.

My question however, if they do take this to small claims, do they even have a case?


Asked on 1/31/15, 6:59 am

1 Answer from Attorneys
Rachel Hunter

Wait a minute here. This is no doubt a scam. How do you know this is from an ex and not a scammer pretending to be your ex?

And did you commit credit card fraud or no? Do not answer me here publicly! You and only you know the answer to that . Did you take a credit card out in your ex's name or did you use the ex's credit card without his/her knowledge?

If not then you have not committed any type of identity fraud or theft. If so, then that is a different issue.

But that is bullshit about the lack of statements. Everyone gets credit card statements. Or bank statements. All the ex has to do is present you with proof if he/she wants some dollars. So this makes no sense. You are going to fork over money without proof? Insane.

Know that anyone can be sued at any time for anything. Facebook posts do not constitute proper demands for money. If this person has a legitimate beef they will forward you a proper letter of have an attorney send one. If they wish to go to court with no such proof, fine. You will then be served with a complaint and you will answer and demand proof of the allegations and you will appear at any hearing and vigorously contest this.

But there is not going to be any hearing because this all smells of a scam until you are presented with documentary evidence as to when these fraudulent charges were supposedly made.

If it were me, I would be blocking this person and preventing them from corresponding with you. If you are on cordial terms with the ex. then I would not be wasting my time on facebook but calling the ex to find out if he/she really did send you these messages and then trying to work something out amicably if you engaged in the conduct and if the ex can provide you with written proof.

Even if the ex was defrauded, how does the ex know it is you who did this? When did these charges occur? Were you still together with the ex? What proof does the ex have that you did this as opposed to being the victim of someone else?

These are all things you need to get sorted out.

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Answered on 1/31/15, 2:10 pm


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