Skip to main content

What happens if someone falsely claims a credit card charge was fraudulent? Can I be Charged?

San Jose, CA |

I used my credit cards for a service that was supposed to be offered in a correct manner, however it wasnt. I used $1600 through paypal and cash advance. I reported it fraud on my credit cards and they have reimbursed it. It was a service not a product or good, and it also came up in their system for fraud detection. What are the laws and penalites for San Jose California? and will the credit card companies report it to local San Jose Police?

Attorney Answers 3


  1. ..need more facts but.....it appears you admit you committed fraud reporting fraud???
    If the services were not provided to you the way that were promised this can be intentional misrepresentation by the provider of the services.....you really need to be advised by a lawyer that knows about fraud issues.

    Disclaimer:Attorney and Fraud Examiner.One of few that are Certified Fraud Examiners (CFE)*. The information contained in this website is provided for informational purposes only, and should not be construed as a legal advice on any subject. No recipients of content from this site,clients or otherwise,should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. The content of this website contains general information and may not reflect current legal developments, verdicts or settlements. The Karamanlis Powers Law Offices expressly disclaims all liability in respect to actions taken or not taken based on any or all of the contents of this website, weblogs, twitter, facebook, google+. *the certification is not a specialty recognized by the California State Bar.


  2. When you report a fraudulent charge to credit card, the card company requires that you fill out a declaration stating that the charge was not authorized by you. You can't claim that a charge wasn't authorized by you simply because you didn't like what product or service you received (or even if you received no product or service) if in fact you authorized the charge. So usually the card company will immediately reverse the charge once you orally claim it was fraudulent and then have you fill out a signed declaration stating that you didn't authorize it. Then the card company will conduct an investigation which includes contacting the merchant and undertaking other investigation. Following this, the card company will often reverse their initial decision if they believe you in fact did authorize the charge. They can and do report incidences where card holders falsely claim they didn't authorize a transaction to police. Law enforcement can then refer the matter to the DA's Office which can file charges against you for fraud which can be charged as a felony. You should certainly consult with local criminal counsel to help you avoid any filing of criminal charges. You should not contact your card company further or make any statements about this incident to law enforcement or anyone else except a criminal attorney. Best of luck.


  3. Was it fraud or not? Did you receive the services or didn't you? Speak to a qualified attorney right away. Civil and criminal penalties could apply. Good luck to you.

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics