credit card fraud??

dragon2560 · Jan 30, 2006

I live in Arizona but I'm originally from Ontario, Canada. A couple of years ago, my ex-wife decided she was moving back to Canada with our two sons. She charged the expenses for a moving company (around $3000) to my father's credit card without his consent or knowledge. She happened to have the account number. I'd like to know if 1) I can take her to small claims court (AZ limit is $2500, I know that part) on my father's behalf to collect up to the max, or 2) can I take some sort of action against the moving company for accepting a credit card number without verifying whose card it was. Also, does this constitute credit card fraud on her behalf, and if so, is this something better pursued in criminal court instead of small claims? Any advice would be greatly appreciated.

Thank you!

seniorjudge · Jan 30, 2006

dragon2560 said:
I live in Arizona but I'm originally from Ontario, Canada. A couple of years ago, my ex-wife decided she was moving back to Canada with our two sons. She charged the expenses for a moving company (around $3000) to my father's credit card without his consent or knowledge. She happened to have the account number. I'd like to know if 1) I can take her to small claims court (AZ limit is $2500, I know that part) on my father's behalf to collect up to the max, or 2) can I take some sort of action against the moving company for accepting a credit card number without verifying whose card it was. Also, does this constitute credit card fraud on her behalf, and if so, is this something better pursued in criminal court instead of small claims? Any advice would be greatly appreciated.

Thank you!

Pa would have to take her to court; you can't sue the moving company because you did not deal with them.

Okay, suppose pa gets a judgment: how do you expect to get any dough from that judgment?

dragon2560 · Jan 30, 2006

seniorjudge said:
Pa would have to take her to court; you can't sue the moving company because you did not deal with them.

Okay, suppose pa gets a judgment: how do you expect to get any dough from that judgment?

Understand the moving company. My father is from Europe and is not (in my opinion), solely capable of going through the legal process. Can I accompany him as a representative, or what if I have power of attorney?

If he gets the judgement, what about garnishment of wages or income tax returns?

seniorjudge · Jan 30, 2006

dragon2560 said:
Understand the moving company. My father is from Europe and is not (in my opinion), solely capable of going through the legal process. Can I accompany him as a representative, or what if I have power of attorney?

If he gets the judgement, what about garnishment of wages or income tax returns?

If you are a lawyer, you may represent him. If you are not a lawyer, you may not represent him.

If he gets the judgement, what about garnishment of wages or income tax returns?

US Law Only (meaning, if you don't know how to execute a judgment in Canada, then don't waste your time).

jchiego · Feb 7, 2006

Another option

This sounds like the perfect opportunity to dispute the charges as an unauthorized user(credit card fraud). Do this ASAP. Also you should file fraud charges and that will effect her ability to visit the U.S. until the statute of limitations runs out and might help you win custody of the children if it came you are interested, depending on venue which should be U.S. as you collectively lived here and she left. So file in both courts.

credit card fraud??

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dragon2560

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