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sk8dudewmu | Is this credit fraud and what could i face in court? |
my dad and i have the same name. he allowed me to use his credit card to make a 5k charge while i was still living at home. i now live in another state and he now is threating to press charges. its been over a year and numerous payments have been made. Am i in legal trouble? our credit reports were also merged for awhile and i recieved credit offers in the mail at my new residence and opened a card not knowing that it was under his social. Again, numerous payments have been made. Can i be charged for fraud on that too?
Additional Details
how he found out about the other card was during us trying to straighten our credit reports out. the card has never been late its just he wants to get another house and it adds to his debt ratio |
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John G
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Despite what others have said, I don't see fraud in the picture, if everything is exactly as you claim. For fraud to exist, there must the INTENT, on your part, to do him (or anybody) out their money on false pretenses.
1. The fact that you and Dad have the same name is irrelevant. If you had his permission to use his card, then there is no fraud (unless you said you needed it for a $200 purchase when you intended -all along- to go for 5k). Your obligation -if you 2 agreed on it- was for you to pay him back. HIS obligation is to pay the credit card, whether or NOT you pay him.
2. As to the other card, if it was issued under his SSN, then you need to advise the credit card company about it. They may then decide simply to correct the info in your file, or to cancel your card or move you onto different terms. Again, if there was no intent on your part, there is no fraud. And if you've been making regular payments (in accordance with the cardholder agreement, not less) no one has any damages -all we have is a mistake.
If your Dad wants to press charges, then he needs to show either that you deliberately mislead him, or that you are in violation of an agreement with him -written or verbal. For example, if you agreed to stay at home UNTIL the 5k was paid -and then you LEFT the home, he might say you owe him the rest of the 5k as yet unpaid.
And so, even though you may not be guilty of a fraud, you may have "legal trouble" if Dad decides to sue you. That said, it will probably be heard in small claims court. The judge will probably say you both are foolish, but give your Dad a judgement. Then, it is up to Dad to collect on it. The benefit to him is that he has an enforceable order for you to pay -which might give him a little more muscle compared to whatever you two worked out "man-to-man."
Bear in mind that ALL of this assumes you had no intent of a financial gain at the expense of anyone else; if you, in fact, did have that in mind, or if the evidence strongly suggests that you did -you're toast. |
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Mountain Top
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It is fraud. You are not who you said you are. Even if he gave permission, it is still fraud - but now bigger because he is involved as well. The fraud is not you to him, it's both of you to the credit card issuer.
Best get a lawyer, have the account closed but put in a mode where you can pay it off - and if you do without problems, it goes away. If the account is closed improperly, it will reflect negatively on your dad's credit.
If he's looking to press charges, my guess is you did not really have permission. So best to clean this up and thank your lucky stars you are not in jail. |
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sophieb
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opening an account under your dad's social security number is fraud. How could you not have known it was his social. When you open an account they ask you for "your" social security number. Even if you had opened that account from the mailout and then changed the SS number to your own you would have been ok, but using his SS number is fraud. Even if he does not press charges, if the bank finds out what you did "they" will press charges.
You said you borrowed $5,000 from your dad's credit card and he allowed you do to that. How did you do that, did you sign his name or yours on the request for money from the bank? If you wrote his name instead of yours then that's illegal. Actually anything over $1,000 is a felony. If on the other hand your dad got out the $5,000 for you and signed on his own credit card then you are safe, however you owe him back. Did you make arrangements with him to repay that loan or did you just make payments, and did you make the payments directly to him and save your receipts or did you pay that directly to his credit card account and save the receipts?
If your credit cards were merged for a while it's because they thought, and you led them to believe, that the two of you were one person. I don't think that was caused by your dad as apparently he definitely wants two different accounts, two different SS's solved, but you keep insisitng on screwing your dad. Why is that? Either you or your dad should have called the credit reporting companies and explained to them what you did but you were trying to save your butt. And it's clear your dad is trying hard to solve the problems you have caused him, but it seems the only way is jail time for you.
There is something about money that you never learned as a child and if you don't learn soon your life will be a real mess. You can't do what you've been doing and you need to stop that immediately.
Sit down with your dad and apologize and ask how to solve this mess that you made. If he turns you in then it was of your own creation and you deserve anything you get. In the meantime try to repay to him via check (and get receipts of your payments) so as to show that you were turning around and trying to solve this. I don't know how the judge will handle this, however he will be taking into account that you "continue" to act recklessly, and that you still owe the money. I think your dad has been reasonable long enough and that he should take action so you will learn. |
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booger0819
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it's not fraud if he allowed you to use his credit card. However, it IS fraud if you opened an account knowingly that you were using his information. I'd say since you both have the same name, a judge isn't gonna do anything but make you pay what you opened. Your dad has no right to make you pay what you put on HIS card. |
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chris
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Try getting your own credit card , then transfer the amount owed him into your new credit card |
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EDWARD D
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Usually when you get new offers for credit, they come with a brief application, such as SSN, work, income, signature..etc.. hmmm who`s kidding who here? |
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sammy
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no, you 've been paying him back . just talk to him, he is you father. no father in this world would sue his own son. well, in america, anything can happen. this is so shamefull. |
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tljessup
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I agree with amysgetaways, pay your dad off asap. If you don't have the money on hand now, don't get a credit card to transfer the funds, interest rates are too high. Instead talk to your bank or even better a credit union if you have one. You should be able to get lower rates through them.
In the meantime, check out the book "Total Money Makeover" by Dave Ramsey, it's full of valuable information to keep yourself out of the debt trap and secure your future debt free. Your dad may want to read it as well. |
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petethen2
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I don't know the law in your state,but I do know all credit card companys warn applicants about false information on their applications and the consequences there of. I dont think you will be charged with fraud but you will be required to pay the entire balance and rip up your card. I would seek the advice of an attorney on this one. |
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Snooppy707
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Depending on the state you can. As long as you don't piss off the judge your good. If you don't have a record and never been to jail the judge should understand. |
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amysgetaways
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You can be charged for identity theft and credit card fraud, you could be fined, get probation/community service, or go to prison . If your Dad knows about the other card, is it because you have had late payments, or non payment and they are harassing him for it? Or is it that he monitors his credit report and noticed the new activity? Whatever the reason it does effect his credit score and if he is trying to get a loan or financing for something, he might be a little p.o.'d at you for messing up his credit. He might also be angry that the original $5000 hasn't been paid off yet.
My best advice is to pay off your dad ASAP and don't borrow from him again, get that other card under your social, and seriously kiss your dad's butt for being kind enough to let you charge the 5K to begin with and not turning you in for identity theft and credit card fraud sooner. |
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