I'm being charged with credit card fraud online by someone.

Asked over 2 years ago - Chicago, IL

Can i be charged even if i live in atotally different state and they claim i used they debit card at walmart.com and they say walmart said it was shipped to my address but wont tell them what it was that was ordered.. I didnt use anybody's debit card nowhere online. and i live in illinois and they live in kentucky

Additional information

I havent been charged but the person filed a police report saying i did it when she has no proof stating that i did anything. Shouldn't they track the ip address and everything before they try and charge me with a crime? and if they charge me with a crime can i sue for false arrest if they dont do a full investigation and still charge me?

Attorney answers (2)

  1. Judy A. Goldstein

    Contributor Level 20

    1

    Lawyer agrees

    Answered . While this is very stressful, you have not been charged and if what you say is accurate, then there is no evidence. If you live in an apartment or multi-unit building, perhaps there is some mistake. Either way, you might wish to contact an attorney and speak no more to anyone except through your attorney or after seeking his/her advice.

    Additionally - It is very possible you might be the victim of identity theft. Check all your accounts. Change all your passwords. Change account numbers if possible. Change your email or at least change your email password.

  2. Amy Lavonne Wells

    Contributor Level 14

    Answered . I agree with Ms. Goldstein's response. Ordinarily I guess it would depend on who the "they" is that are asserting these claims against you. If it's an official (e.g., a police officer) I would take it more seriously. Even if you know you are not involved, it's always your best bet to consult with a seasoned criminal defense attorney before giving any statements. Identity theft and fraud can carry some pretty hefty penalties. While you likely have nothing to worry about if you have no involvement, it's best to have an advocate on your side.

    One thought that pops into my mind is also whether there are others who live in your home that may have involvement? (Do NOT answer this question on this or any site; and I would advise against providing additional information to preserve your/their legal rights and defense if charges are brought). If so, they should contact an attorney right away. Credit card fraud can, and often does, arise from other parts of the country, and even other parts of the world.

    As my colleague suggests, there is also the possibility you are an ID theft victim yourself. Please see this link for signs of identity theft and what you can do if you suspect you may be a victim: http://www.ohioconsumerhelp.com/sub/id-theft.js....

    All the best to you.

    NOTE: This Answer does not constitute legal advice. Every case is fact specific. To render a legal opinion, an... more

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