ExpertLaw Forum - Help With Your Legal Questions
Financial Crimes and Fraud Offenses involving fraudulent financial transactions, embezzlement, forgery, insurance fraud, and misuse of checks and credit cards.

Reply
 
Thread Tools Display Modes
  #1  
Old 08-24-2005, 12:18 PM
ntrtainme ntrtainme is offline
Junior Member
 
Join Date: Aug 2005
Location: Utah
Posts: 3
Default Credit Card Fraud Accusation - Honest mistake
Hello all. Recently my sister in law came across the following situation...

She's married to John Smith (obviously not his real name) and his mother's name is Mary Smith. When my sis in law was married she became Melody Smith. At some point about 2-3 years ago, Melody acquired a credit card that came under the name M Smith.

The credit card was used for years with no problems as it was paid with no problems. However, after splitting up, the M Smith credit card was no longer paid and debt ensued. Apparently the card was for the mother and not my sis in law. In either case, she did not know. My sis in law is more than willing to pay for the charges however the mother in law is in gripes because my sis in law left her son and wants to pursue charges.

Argumentatively, the mom in law claims she did not authorize a credit card in her name and knew nothing of it. At the same time, her son (my sis in law's ex) used the card too. So if fraud were pursued they'd both be charged.

At any point, my sis in law wants to pay the bill because 1) its the right thing. Secondly the card was issued to M Smith to my sis in law's address not the mother in law. What are the legal repercussions for my sis in law?

Thanks in advance
Reply With Quote
  #2  
Old 08-24-2005, 12:28 PM
aaron aaron is offline
Administrator
 
Join Date: Mar 2005
Location: Michigan
Posts: 26,484
Default Credit Card Under Mother-In-Law's Name
How did she come to have the credit card? If she applied for the credit card using her own address but her mother-in-law's name and Social Security Number, and requested that the card be issued under the initial so that she could use it without question, she would have some explaining to do. Were the bills issued to "M. Smith" or to "Mary Smith"?
Reply With Quote
  #3  
Old 08-24-2005, 12:37 PM
ntrtainme ntrtainme is offline
Junior Member
 
Join Date: Aug 2005
Location: Utah
Posts: 3
Default more information
Apparently the card was applied for online and the forms were filled out with one of those annoying autofill forms. The bill was going to M Smith.
Reply With Quote
  #4  
Old 08-24-2005, 12:51 PM
aaron aaron is offline
Administrator
 
Join Date: Mar 2005
Location: Michigan
Posts: 26,484
Default Autofill Forms
It seems to be a bit of a stretch that her mother-in-law's name and Social Security number, along with the request that the card be issued under "M. Smith", resulted from an "auto-fill form", but her address did not. How did that information get into the computer in the first place?

Were the bills issued to "M. Smith" or to "Mary Smith"?
Reply With Quote
  #5  
Old 08-24-2005, 01:16 PM
ntrtainme ntrtainme is offline
Junior Member
 
Join Date: Aug 2005
Location: Utah
Posts: 3
Default more information
From what I understand the computer was a shared machine so I'm under the assumption the mother perhaps filled out something and perhaps the browser stored that information only to be autofilled in later. I'm not an expert on how computers store that information so I really don't know. I've asked my sis in law and she has no reason to lie to me (I would trust her with my life and that of my kids) and she doesn't recall ever filling out anything in her mother in law's name. Question again is, what can be done being my sis in law caught the error and wants to have this paid and done with
Reply With Quote
  #6  
Old 08-24-2005, 01:54 PM
aaron aaron is offline
Administrator
 
Join Date: Mar 2005
Location: Michigan
Posts: 26,484
Default Credit Card Issue
She would likely benefit from paying off the balance and closing the account. Once those steps are taken, as more and more time passes, the less likely it is that the police or a prosecutor would be interested in pursuing the matter.
Reply With Quote
Sponsored Links
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off


Forum Sponsor

Similar Threads
Thread Forum Last Post
Help With Sister's Credit Card Debts Credit Card Debt 07-08-2006 03:37 AM
Credit card fraud Financial Crimes and Fraud 12-24-2005 11:00 AM
Credit Card Fraud and Identity Theft Credit Card Debt 12-09-2005 01:13 PM
Bank Error on Credit Card Credit Reports 07-08-2005 04:35 PM
Credit card fraud and credit theft Financial Crimes and Fraud 05-28-2005 10:51 AM



All times are GMT -7. The time now is 01:31 AM.

Information provided in the forum is not intended to substitute for professional advice, including but not limited to professional legal advice. If you submit a question or comment it is assumed that you are interested in soliciting, receiving or giving general information and not legal advice. Laws vary by state, and the laws described in this forum may be different in your state or may have been changed since the information was posted. The legal help offered in this forum comes from volunteers who may not have any formal legal training or knowledge, and all information should be confirmed with a qualified legal professional. All information is made available on an "as is" basis. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship. Use of this forum is subject to the ExpertLaw terms of use.


Powered by vBulletin® Version 3.8.2
Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.
Copyright © 2004 - 2008 ExpertLaw.com, All Rights Reserved