QUESTION
Do I have legal recourse against credit card abuse without my authorization? How?
Asked on May 06th, 2015 on Criminal Law - Montana
More details to this question:
I was a partner in a business for which we opened a checking account with B of A, 2 years later I transferred an existing B of A credit card account in my personal name and ssn to the business name and address, somehow the credit card account was linked to the business checking account overdraft protection and was run up to $10,000.00 without my personal authorization and is now effecting my credit rating, B of A wants me to pay the balance personally even though they can not show proof of authorization. Do I have a case?
6 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Well, you may have a defense to a collection action by BoA. I think they should not have permitted anyone but you to use the card without a written authorization from you but after a few months, they could reasonably assume that you reviewed the monthly statements, saw the charges, and if you any objection, you would have raised hell months ago. Good Luck.
Answered on May 07th, 2015 at 2:43 PM
James Eugene Hasser
Consult an experienced fraud lawyer. Good luck.
Answered on May 07th, 2015 at 2:40 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You don't have a defense against B of A, but you do have a case against whoever used your credit card without authorization.
Answered on May 07th, 2015 at 9:20 AM
Ronald A. Steinberg
It depends on the degree to which you allowed the company to use your card. You can sue the other partners for indemnity or contribution.
Answered on May 07th, 2015 at 8:57 AM
You have to provide more information. Were the charges legitimate, is your business incorporated so to limit your liability, how did the linking occur, why did you use your business name and address and what did BofA say that would do, did you get any prior statements showing other charges so you had notice, what did you tell them when you transferred the card, etc.
Answered on May 07th, 2015 at 1:20 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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I think you will have trouble proving your partnership origins didn't continue on paper. You should have affirmatively notified BOA of your non-responsibility on the checking account.
Answered on May 06th, 2015 at 5:49 PM