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  1. #1
    Join Date
    Sep 2010
    Posts
    1

    Default Mother's Credit Card

    My question involves criminal law for the state of: Alabama/New York/Texas...
    I did not open a line of credit in my mother's name; however, she opened an account with USAA to pay off a credit card I previously used and could not keep up payments (was an undergraduate working a job with virtually non-existent pay to take care of my three kids). In any case, I went out on short-term disability and could not pay my bills since my job did not supply short-term disability. For the next year, I used the credit card number to pay all the bills, every month. I made payments but I guess it was not enough so it is in collection now. If my mom presses charges, will I necessarily have to do jail time? She did not know when I first used it but when the bill reached abou 8000, she did find out I was using it (the total debt was 19000 and is now down to 16000). What type of action can be taken against me? I live in Alabama; my mother in NYC; and the credit card company is in Texas.

  2. #2
    Join Date
    Jul 2010
    Posts
    2,540

    Default Re: Mother's Credit Card

    So she opened an account, presumably at a lower rate, and allowed you to consolidate your other debts on to it? You then betrayed her trust by using that card for everything in your life without asking her. Have you resumed working to try and pay the debt you incurred? I'm confused...she found out you were using the card at $8000 but allowed you to keep using it? Or you used it for $8000 PLUS the original debt and that's how it got to $19000?
    No, you do not necessarily have to do jail time. That is up to the judge/jury when you are convicted or prosecutor if you choose to plea bargain. Your mother can file charges against you in state court or maybe even federal given the interstate nature of the case. If she allowed you to use the card to pay previous debts, you could argue that made you an authorized user on the card. This might cause the criminal matter to be dropped and she would have to sue you civilly to get the money back. But I'm not an expert on the subject.
    Your mom could also report the charges as fraudulent to the CC company but would have a hard time if she supplied you with the card in the first place. If they did buy it, they could then come after you for the money.

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