In September of 2000 I applied for a credit card, I received the card just before I was voluntarally admitted into a rehab. I used the card once for two cartons of cigarettes, since I was allowed no money of any kind in the rehab. I left the card at home thinking I would be returning in a month. I had someone living in my home, to basically take care of the home and my animals until I returned in a month. The card was used, I'm not sure exactly in what terms but I think with cash withdraws, since I am having trouble obtaining a statement. I am being sued for it now for over $2,000.00 dollars. I was going to file for fraud but cannot say that I did not use the card because I did for the cigarettes. To make a long story short, I never returned to the address, my home, I went on to other facilities for the next 7 months. I have prove of these times and dates and the fact that I was not able to use the card and did not use the card. I know who did use t he card and to be perfectly honest I totally forgot about it up until I was recently served with an affadavit. What can I do about this????
1 Answer from Attorneys
Re: Unauthorized Use
You should definitely defend the action against you. I do not know what you mean when you say you were just "served with an affidavit", but you should respond to the lawsuit in a timely manner and defend it. You say you have proof that you did not use the card. You should show the judge that proof. You should still notify the credit card company fraud unit - just because you used the credit card once does not mean that you cannot tell them that someone who was not authorized did use it.