ExpertLaw Forum - Help With Your Legal Questions
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| Financial Crimes and Fraud Offenses involving fraudulent financial transactions, embezzlement, forgery, insurance fraud, and misuse of checks and credit cards. |
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02-10-2009, 11:25 PM
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Junior Member
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Join Date: Feb 2009
Posts: 4
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Possibly Being Charged with Credit Card Fraud
My question involves criminal law for the state of: Louisiana
8 years ago I had an off & on relationship with a younger guy. We lived together for for a few short months. As soon as we moved in together he lost his job, I'm a single mother. Neither one of us had anything financial to fall back on, so we discussed getting a gas card & a Walmart card so that we could at least have gas & food untill things weren't as tight once he went back to work. We applied for the cards with him as the primary, and me as a secondary card user, since my divorce did a number on my credit. Shortly after we applied we had a big blow up about him not looking hard enough for a job, and he abruptly moved back in with his parents.
The cards came in and I began to use mine, always paying the bill. I had been told by a financial advisor that this wasn't an issue as long as the cards were kept in good standing. This was the begining of my return to good credit. I went from a bankrupcy with my ex-husband to now being able to call my bank and get approved for a 40K loan for a new vehicle over the phone in 10 minutes, so I feel I've been very responsible with it all.
The ex boyfriend kept in touch through the years. He even worked for me as a DJ when I was running a restaurant/nightclub back in '04. The last nice conversation I had with him was a week after he married this past November, and I told him I was remarrying in April, we congradulated eachother.
Two weeks ago the screaming and horrassing phone calls started from him. He said him & his new wife went to purchase a home and found the Walmart card on his credit report. I asked what the problem was and he told me he was pressing charges against me for identity/credit card theft! I couldn't figure out what his problem was. What identity theft??? He said you were even stupid enough to sign your own name & pay the bill with a personal check! Of corse I signed my name, that's the name on my card!!!! He had the nerve to "thank" me though for the account being in such good standing. He says he remembers agreeing to the gas card but not the walmart card. He's insisting I'm trying to screw him. Now if I was trying to screw him, would I have kept the card & paid on it for 8 years? No, I would have racked it up once & never paid a dime!
My issue.... His Godfather is the DA in this Parish. He says he discussed it with him & he's agreed to prossacute me to the extent of "burrying her under the jail". EXCUSE ME? I told him I would pay thecard off in full by the end of the month ($900 balance) no harm done. Matter of fact, it's built his credit too! He origionally agreed, but his wife is pushing him and he's now renigged on our agreement to pay & close the account, and wants to see me go to prision over $900! He went so far as to say that he "vaguely remembers" the two credit card decision, but will insist in court he never agreed or signed the application. With his Godfather being the DA, he thinks it's a done deal!
Do I need to call off my wedding that's 60 days away and put thousands into an attorney?
PLEASE HELP!!!!
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02-11-2009, 09:35 AM
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Senior Member
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Join Date: Jul 2008
Posts: 855
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Re: Confused and Abused, Possibly Being Charged with Credit Card Fraud
I would not worry. If both your names are on the card, this is a case of your word against his. If you are charged, maybe worry, but until that happens, he is just venting. Call the card company and close the account.
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02-11-2009, 12:53 PM
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Junior Member
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Join Date: Feb 2009
Posts: 4
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Re: Confused and Abused, Possibly Being Charged with Credit Card Fraud
The account was closed a few weeks ago. Like I posted in my first letter it is his word against mine. And with his connections with the DA's office I am concerned about them bringing up charges out of his request. Would it be a good idea to take a detailed letter along with a statement and recipt of the account paid in full to the DA's office? Or as you stated I need to worry?
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02-11-2009, 03:17 PM
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Senior Member
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Join Date: Dec 2007
Location: Ohio
Posts: 2,006
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Re: Confused and Abused, Possibly Being Charged with Credit Card Fraud
I need you to clarify...was this card:
1.) a joint account or
2.) his sole account with you as an authorized user?
From your post, I gather that it was #2. The CCC's aren't in the habit of giving out cards to authorized users of accounts without permission.
Your friend is....not very bright. 1) For not checking his credit before now 2) Trusting anyone with his credit and 3) taking a risk and helping a friend who just came off a bankruptcy, knowing the history and not checking his credit. (no offense)
You have done nothing wrong and you really shouldn't worry. How is this even fraud? Its not. If he no longer wanted you to use his credit, he could have cancelled your use. He didn't....again not very bright.
Your letting him get into your head...just quit talking to him. Ask him not to call and if he does...make a personal visit to the Godfather. He may find it interesting that his name is being used. In fact, I would go down and have a conversation with him anyway. Espically if it involved my wedding plans.
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02-11-2009, 03:40 PM
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Junior Member
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Join Date: Feb 2009
Posts: 4
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Re: Confused and Abused, Possibly Being Charged with Credit Card Fraud
Yes, it's #2, I was an authorized user. And yes, it's a shocker that he hadn't had his credit checked since 2001. That's why it caught me so off guard. No offense taken on the bankrupcy comment, every incident is different. I am responsible, my ex-husband was not, destroyed my credit, took me years to repair.
The MAJOR issue is this.....he told his new wife he didn't apply for the card, and has now put himself in a situation with her where he doesn't want to look like he lied to her. So he's willing to throw me under the bus to save face with her. Does that help clear up the issue? There lies my problem!!!!
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02-11-2009, 04:13 PM
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Senior Member
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Join Date: Mar 2007
Posts: 5,534
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Re: Possibly Being Charged with Credit Card Fraud
I don't see a problem either.
Pay off the account and be done with it.
If you had let it NEGATIVELY impact his credit, that would be one thing.
Further, I haven't looked lately, but, I believe, for a credit card to impact YOUR credit, you have to be more than an authorized user.
Anyway, I wouldn't worry about it. Pay it off and stay out of your ex's domestic issues.
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02-11-2009, 07:15 PM
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Senior Member
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Join Date: Dec 2007
Location: Ohio
Posts: 2,006
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Re: Possibly Being Charged with Credit Card Fraud
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Quote:
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.....he told his new wife he didn't apply for the card, and has now put himself in a situation with her where he doesn't want to look like he lied to her. So he's willing to throw me under the bus to save face with her. Does that help clear up the issue? There lies my problem!!!!
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He can tell her he's the King of England if he wants to. Your not being thrown under any bus. He has nothing on you and further more, theres no fraud. His mind fart doesn't equal fraud. The ccc isn't even going to do anything with this account. Had u ran up the bill and not paid it, there maybe a case. Don't think anymore about it, really.
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Quote:
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No offense taken on the bankrupcy comment, every incident is different. I am responsible, my ex-husband was not, destroyed my credit, took me years to repair.
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Exactly my point. Never let anyone use your credit. Did you learn your lesson? Tell your friend he's lucky...you had the ability to ruin his credit and didn't!
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