Family Focus: Stolen Credit Card or Fraudulent Charge – What Should You Do?

Filed under DoD News by on August 27, 2010 at 8:11 am {2 comments}

By Maj. Scott Hodges, chief, Air Force Legal Assistance

If your credit card has been stolen the first step you need to take is to call the police. If you also suspect that someone has illegally used your account number, send a letter to the card issuer that includes your name, account numbers and the challenged charges to the “billing error address” on your monthly statement.

In this letter you should explain why you believe the charge is fraudulent and include any evidence you have, such as a police report.

The letter must reach the creditor 60 days after the first bill containing the error was mailed to you. It is also recommended to send your letter by certified mail with a return receipt requested so that you have proof that the letter was received by the company.

If you decide to call the card issuer for faster action, use the special numbers that many card issuers list on their billing statements, but follow up your phone call with a letter. Only a written letter protects your rights under the Fair Credit Billing Act (FCBA).

What rights does the FCBA provide? The card issuer must acknowledge receipt of your letter or correct the error within 30 days. If they don’t initially make the change, they must investigate and either correct the mistake or justify the charges within two billing cycles or 90 days, whichever is less. You may also be asked to sign a statement under oath that you did not make the purchases in question.

For more information about your credit rights visit the AF Legal Assistance website, https://aflegalassistance.law.af.mil and then contact your nearest legal assistance office.

Family Focus: Servicemembers Civil Relief Act

Filed under DoD News by on August 13, 2010 at 10:13 am {no comments}

By Maj. Scott Hodges, chief, Air Force Legal Assistance Program

The Servicemembers Civil Relief Act (SCRA) states that a member who receives permanent change of station orders or who is deploying to a new location for 90 days or more has the right to terminate a housing lease.  To terminate the lease, you must deliver written notice to the landlord stating the basis for termination.  Oral notice is not sufficient.

Give notice to the landlord as soon as possible.  If your apartment lease is a one-year lease, the termination of your lease will not be effective until the last day of the month after the month you give notice.  For example, if you give notice on 12 July, the termination of the lease will be effective on 31 August.  If your apartment lease is a month-to-month lease, the termination becomes effective 30 days after the first date on which the next rental payment is due subsequent to the date when the notice of termination is delivered. For example, if you give notice on 12 July and your next rent payment is due on 1 August, then the termination date for your lease will be 1 September.

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