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  1. #1
    Join Date
    May 2020
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    2

    Default Theft by Deception/Fraud

    My question involves criminal law for the state of: Pennsylvania

    Almost four years ago Swim obtained an installment Personal loan using swim’s fathers social security number. Loan was just paid in full 4 months early.
    Swim has reason to believe the loan company knows what happened since his father passed away two years ago, and some other things that recently happened. Like him missing a few payments etc.
    Is it likely they would still press charges and if they do, would Swim be on the hook for theft by deception or fraud considering the loan is paid in full early?
    If so does swim have a good defense considering the loan is paid off?

  2. #2
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Theft by Deception/Fraud

    Swim has nothing to worry about from the loan company.

  3. #3
    Join Date
    May 2020
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    2

    Default Re: Theft by Deception/Fraud

    Thanks for the reply

  4. #4
    Join Date
    Jul 2018
    Posts
    2,745

    Default Re: Theft by Deception/Fraud

    No one here has the ability to opine intelligently about the likelihood of some unknown company taking a particular action based on knowledge that the company may or may not have.

    That the loan has been paid off would not be a defense to any potential charge arising out of the facts you described.

  5. #5
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Theft by Deception/Fraud

    Quote Quoting pg1067
    View Post
    No one here has the ability to opine intelligently about the likelihood of some unknown company taking a particular action based on knowledge that the company may or may not have.

    That the loan has been paid off would not be a defense to any potential charge arising out of the facts you described.
    Loan companies that have been paid off are very unlikely to pursue anything. It would not be cost effective for them. Swim also took out the loan 4 years ago and his dad died only two years ago, so the loan company does not truly know that the loan was not taken out by Swim's dad and swim just chose to keep making the payments.

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Theft by Deception/Fraud

    At worst, you got something they would have charged a higher interest rate had they not been mislead. As LL says, they're not likely to pursue anything at this point over something that small even if they could, but I bet the statute of limitations (only two years) has run. Similarly, I would suspect this would have to be charged as a midemeanor if the state had any interest in doing so, and the SOL there is also two years.

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