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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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Old 03-10-2009, 06:08 AM
bro1 bro1 is offline
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Default Sister Opened Credit Card, Statute of Limitations Tolled
My question involves criminal law for the state of: GA and NY
In 1994-95 when my sister was in school in the North she opened 2 department store credit cards in her name with our father as cosigner without his knowledge. She used our father's ss #. After, she never paid the cards, and our father found out about it in 1996. Our parents divorced when we were young, and we have had little or no contact with our father. Shortly after, she moved to NY got married and moved abroad. She has not been back to the states since she left in 1996. She is worried that this is an issue in her coming back into the country. (Our family life was quite horrible, so I understand why she left, though I don't excuse what she did.) I told her that it is a non-issue considering all the time that has passed. She checked her credit report in 2003 and nothing appeared on it. Can you clarify the legal aspect of her situation for me? I did see that an SOL could be tolled. Anyway I understand her fear at coming back and being stopped with her children in tow, so any help would be very much appreciated.
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Old 03-10-2009, 06:18 AM
LawResearcherMissy LawResearcherMissy is offline
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Default Re: Sister Opened Credit Card, Sol Tolled
She won't be stopped and arrested at the border for unpaid credit card bills, no, if that's what you're asking.

But once it's known that she's back in the US, she may begin getting dunning notices demanding payment.
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Old 03-10-2009, 06:38 AM
bro1 bro1 is offline
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Default Re: Sister Opened Credit Card, Sol Tolled
Quoting LawResearcherMissy
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She won't be stopped and arrested at the border for unpaid credit card bills, no, if that's what you're asking.

But once it's known that she's back in the US, she may begin getting dunning notices demanding payment.
Thank you for your quick response.

Yes but she fraudulently opened the card, using our father's ss# and signature? And I don't know if he pressed charges against her in 1996 when he found out. Would the credit card company or our father have had a warrant taken out? It seems what she did was a criminal act, though she just wanted to get back at our father for other reasons. (I certainly don't justify what she did, but I don't want her to have any more problems.)
And credit card debt after 14 years? Could that still be valid?
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Old 03-11-2009, 03:30 AM
LawResearcherMissy LawResearcherMissy is offline
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Default Re: Sister Opened Credit Card, Statute of Limitations Tolled
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Would the credit card company or our father have had a warrant taken out?
If you don't know if your father pressed charges, why would we know if a warrant had been issued? We can't speculate there. If this is a concern, the services of an attorney are in order.

Quote:
And credit card debt after 14 years? Could that still be valid?
Of course it's still valid. The debt doesn't go away just because the debtor has been hiding for 14 years.

All the SOL does is prevent creditors from suing. HOWEVER - since she left the country, the SOL likely stopped, and will restart once she returns to the US.
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