New Braunfels, TX asked in Criminal Law and Identity Theft for Texas

Q: is the police department trying to pull a fast one on me?

kinda a long story but the gist of it is i have an exgirlfriend that stole my credit card info and used it 4 months after we broke up for over $2,000 with 70+ transactions over the course of a single month.

the detective is telling me that because i gave her my card to get food at one point in our relationship that means i essentially consented to her using my card pretty much whenever she wanted, even though we broke up 4 months prior. he cited the reason for it was "Texas Penal Code - PENAL § 32.51. Fraudulent Use or Possession of Identifying Information." the PD was also a pain to contact and getting any information from them was like pulling teeth. this is in texas btw. thank you for any help

Edit: to be clear, she waited 4 months and then suddenly started using my card. the crux of the question im asking is can you wait months or even years after you broke up with someone before suddenly using their finances you saved and if it would be perfectly legal

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2 Lawyer Answers

A: You waited 4 months to complain. I think you are stuck with the charges. You should of noticed the charges the first month.

A: It is not legal, but police may not make an arrest or submit criminal charges to the district attorney for prosecution. They most likely will consider it a civil matter.

You can timely challenge any charges she makes with your credit card company as fraudulent use of your credit card. You can sue her for any charges she makes on your credit card without permission. You definitely should report it to your credit card company and have it turn that card off and reissue you a new card with a different number.

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