Roommates stealing credit card

[confusedcitizen]

Guys I'm really happy that I have found this forum. This is my first so please bear with me. I don't know where to turn.

Let me start from the top, I started a new job at universal studios. I found some co-workers who became close friends. They needed some help with a place to stay. After letting them settle in, we discussed how we could become roommates. Well I'll skip all the details about how I was a saint and took them in.

Well Anyways I'm a student with a student credit card and its my first. My roommates could not get one. Many problems started happening cause we are all short on money at that time so they asked if they could use it Just once for emergency gas. I let them take it away. After that when they received their paychecks, they paid me back.

Another week passes then something tragic happens. Their mom was going into surgery for cancer. Life or death situation. Once again they where short on money for the trip. They turned to me and made a huge dramatic plea to let them use the card for gas alone. I was foolish this time and believe them and let them use it. what happened after that they came back. I received the bill... over $3000 charged on to the card including a tattoo and all sorts of stuff.

I just been used and fooled I filed a claim saying it was fraud. And now they are making threats against me and I worried for my well being. I left to New Jersey to see my parents about this. Now today I got another threatening call from my roommates. Saying they will sue me for leaving while under the lease and deny saying in court it was fraud, I let them use it. I won't say anymore right now cause there is just to much that happened.

A few questions.

Could they really sue me for leaving on short notice at the apartment even though it was paid for this month?
(I was in fear for my safety after telling them I'm filling fraud on my credit card for this and their harassment towards me for doing this).

Is there really a Florida State Law stating if i gave them a verbal permission to use the card. they can get away with all these charges!? This is the craziest thing I have ever heard. I pray that its another lie from them so they can just try to keep me quiet.

 

[presutin]

The sticky issue here is that you actually authorized them to use the card. So, what you need to do is take your former roommates to small claims court so they can pay for the purchases made on the card that you didn't allow them to do. You will need all the back ups you have (emails, letters, text messages, anything that shows the arrangement you posted) to prove that they went beyond what was agreed upon on the purchases. That may fly or may not. It is up to the judge to decide.

 

[confusedcitizen]

A verbal authorization can fly in court in their favor and they can walk away from all of it? I know already they won't pay for this. What if they deny ever using it? what If i deny my verbal authorization? nothing is written in stone about them ever using my card with my permission.

Not only that but they've also started using the credit card other times which is also against my authorization. like i said a lot of threats were made towards me. Now they think simply saying " he said I can use it" and just get away with it? Of course when I confronted them about it we got into a big fight which is why I left the apartment.

Not only that but I left a lot of things at the apartment which they are trying to fight to keep over when in no way it was theirs. I'm sorry this just gets worse and worse. But I have some furniture that i bought on my credit card and was paid for. Maybe I can show that as a receipt?

I also need help to find an attorney that would consult with me about this but I'm not sure what attorney I need for this field.

 

[presutin]

Confused - the first question the magistrate willl ask you if you deny authorizing the use of the card is going to be if a police report was filed when you noticed the card alledgedly "missing" and if you asked the CC company to halt purchases on your card; per your postings, you don't have much to build upon on this area.

The way I see it is you will have the opportunity to fight this in court so make a list of what your purchases are and what theirs are. The magistrate will decide how to settle this. Again, the fact that you authorized them to carry the card and make purchases will play a big role on the judgement. Stay positive.

Now, if your claim for losses is over the amount of $5K, you will need an attorney to sue them in civil court. A civil attorney is what you need.

 

[confusedcitizen]

Once again thank you for your post sir! I wish I could buy you a beer.

I really can't find a way to make this a short story so... I also forgot to tell you this as well! once again everything is really stressing me out so please excuse me!

The credit card company notified me about other charges (Charges on the credit card after the trip) I freaked out and told them it was stolen card. I then assumed and confronted my roommates about. They confessed and once again told me they would pay me back (obviously they wanted to keep me quiet). Like I said this has exploded into a huge mess and they are using and harassing me. The roommates are responsible for all the charges on the card except one thing I did to activate the card (which is already paid). I'm really am trying to stay positive. But in this type of world and this type of situation, its really easy to lose that type of attitude. Especially how uncooperative my roommates are.

Anyways I have the affidavit. I just need the police report. But I really ask myself do I really want to go down this road? I don't know whats going to happen. Everything is so tricky and overwhelming. Also the CC company was very suspicious from the trip in the first place.

 

[presutin]

Unfortunately, from what I can gather from your postings, unless you pursue this in court, your roommates are not going to pay you for the charges made on the card. What you have to keep in mind is that, due to how you have handled this, this can be hard to sell to a judge. You see, technically, you allowed them to charge things on your card. That will be crucial to your defense. You need to prove to the courts that the only charges you allowed were the fuel charges, anything else, they did it without your knowledge. Present all the evidence you have to enhance your case.

 

[confusedcitizen]

Whew ok. I guess this is what needs to be done. They owe on the credit card about 3,900$ they did this in a month an a half time. Of course I need to present what evidence I have like work time cards, proving that I was not present when these purchases we're taking place. I mean would the CC company help investigate? They are aware and believe my credit card is stolen. They just want me to sign the amount truthfully and let them investigate.

 

[presutin]

That would be lying to the credit card company since they didn't really steal your card and that is not going to go down well with the courts if the case you are presenting is that of trying to recover money for unauthorized purchases; besides, it may comeback to haunt you for presenting false information to the credit card company. I would tell the credit card company that you have found the people that made the unauthorized purchases and will go after them in court so you just will have one case to pursue instead of having one you are pursuing and the credit card company after you.

 

[confusedcitizen]

god wheres J.G. Wentworth when you need him

Thank you once again I feel clear on what needs to be done. Now Giving the circumstance I hope I can leave that apartment legally. Like I said I left for on threats & harassment towards my life and this whole credit card abuse. I guess I'll figure out with an attorney.

Oh one last question. Could this still be presented in a civil court with an attorney? Or should I present this entire mess to small claims court? I feel nervous and overwhelm myself with small claims. seeing how I have zero experience doing this so I'm hoping civil court would let things run a lot smoother

 

[presutin]

Due to the amount being under 5K, you need to pursue this in small claims court. If you need guidance on how to present your case, consult with an attorney so you can do it in a very organized manner.