So, about 3 years ago I took in my sons gf who never paid rent, left her child in my care for days and days, wasn't providing necessary items to care for this child and I used her cc for 300 dollars to provide such care. Am I in trouble. She knew about this use after the fact and hasn't paid on it or sent me what I need to help her pay it. If I were to get into trouble will I be required to pay accumulated interest and will I face jail time. I now live in NH
You cannot use someone else's credit cards without their permission for any purpose. It is illegal and, yes, you could get in trouble under normal conditions. However, whether or not anything will or can happen to you is fact specific. What is, for example, the statute of limitations in the state you charged the items. Almost all states have limitations on the time to bring criminal charges.
As a practical matter, there seems to be no reason for her to complain since you are paying the bill which could be taken as her permission. The issue arises when or if you no longer pay any money and the credit card company goes after her for the debt.
If charges were filed, you would most likely be charged with Misuse of Credit Card, a misdemeanor of the first degree. Using her credit card without her consent violates the statute, even if you were doing it to repay a debt that you felt you were owed. If convicted, you would be ordered to pay the amount charged without interest. She would have been obligated to report the unauthorized charges to her credit card company, which would have removed the charges from her account and prevented interest on the purchases from accumulating. If charges have not been filed, then you are in good shape. The statute of limitations for this misdemeanor offense is 2 years, which appears to have expired. If you signed her name to a charge slip, then you could be charged with Forgery, a felony of the fifth degree, which has a statute of limitations of 6 years.
Answers provided by attorney Jonathan Horwitz to questions on Avvo do not form an attorney client relationship. Mr. Horwitz is available to represent persons charged with crimes in Ohio for a fee. Only after Mr. Horwitz is retained, or agrees to discuss a matter privately, shall Mr. Horwitz be deemed your attorney. Mr. Horwitz answers questions on Avvo only to provide general advice based upon the limited information in the question.
My colleague are correct. You cannot use another's credit card without permission even if you are doing so to repay some debt. The rent issue will not be an affirmative defense to a Misuse of a Credit Card charge. It is possible that nothing is ever filed. If there is a criminal filing hire a good attorney to represent you.
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