I'd like to know since my spouse took my card with out my knowing and used it to shop at Walmart and a gas station and at the ATM to take cash out. can I press charges on him?
Also since the card was taken with out my knowing can it be charged as theft and press charges that way?
I have let him use the card before and there for he knows the pin and didn't need to put his name on anything.
This account was mine alone and not our joint account.
Identity Theft Lawyer
Contact your local police department to discuss filing a report. You may also with to consult an advocate in your state for more information regarding spousal liability. www.naca.net has an attorney search feature that may be helpful to you. In Ohio, as a general rule, one spouse is not liable for the other's debt (with certain exceptions like medical necessaries). I am not privy to the law in your state.
I would also suggest you contact the bank and advise of the fraudulent charges. As a general rule, your liability may not be as limited with respect to an ATM or debit card (compared to a credit card account), but it will be governed by your agreement with the bank. Read over the terms. The fact you provided consent and the pin code in the past may pose as an obstacle for you as well.
Good luck to you.
NOTE: This Answer does not constitute legal advice. Every case is fact specific. To render a legal opinion, an attorney must engage in a consultation with a prospective client and review any pertinent documents. This communication does not create an attorney-client relationship with Attorney Amy L. Wells or WELLS LAW OFFICE, INC.
Personal Injury Lawyer
It sounds like there may need to be some marital counseling that takes place. Alhtough this was your card, it would ordinarily be accepted to have a legal spouse use your card. Bringing a charge is a serious consideration and will likely cause alot of family strife. It sounds like there is alot more going on here than just whether she used yhour card without your permission. You can always report this type of offense to the police and they can tell you what to do. The local magistrate in the city or county where you live can also receive the information and make the decision about whether to bring a warrant against your spouse.
I agree with my esteemed colleagues. You should go to the police department and report it there. Since you found this, there may be other dealings that you do not know about. By getting something recorded showing that he is doing things without your permission - even if there is nothing that they can or are willing to do, it might protect you later if you find out he's done some other "funny" business. I hope you are able to rebuild your marriage. You are in my thoughts.
I am an attorney licensed to practice law in Ohio and some Federal Courts throughout the United States. I am not answering your question to solicit you as a client and there is a good chance that I am not licensed to practice law in the state that you reside. I hope that you find my assistance beneficial and, at most, use my advise as a finger pointing in the right direction. An attorney client relationship is not established by posting back and forth online. One of the most beneficial aspects of working with an attorney is the attorney client privilege which does not exist when you post personal facts online to faceless strangers. Hire an attorney if you want specific legal advise. If you cannot afford one, call your local bar association or search "(your city) legal aid" online. The fact that you took the time to post your question online likely means that you could use the aid of an attorney. Call around your area and see if any local attorneys offer free consultations.