I 'm asking cuz a friend (over 18) has a joint credit card with her mom (cuz after she got laid off, she needed to rebuild her credit history). Anyway, she never used the card, except this once &she only did it cuz she didn’t have the cash on her at the time. But before she could mail in the payment, her parents saw the transaction history online & confronted her, threatening to send her to jail for using “their” card. So in the heat of the moment, she got scared & lied & said she never used it, that she didn’t even have the card anymore. She's sent in the full payment, but she can’t tell that to her parents (since she denied using the card)
The facts are this:
1.) The credit card was/is a joint account, with 2 cards. 1 card is in the name of my friend, the other card is in the name of her mom
2.) She’s made full payment for the item purchased
Now, if the parents report the card as stolen/misused, can my friend be arrested and/or prosecuted for credit card fraud or theft??
2006-08-19 14:41:54 · 13 answers · asked by emily_pyles 1 in Business & Finance ➔ Credit
I need to add:
There is no balance on this card because my friend has already sent in FULL payment for her portion
Secondly, the card is a joint account with her mom. There is no primary cardholder. It is a joint account, NOT a primary account with my friend as an additional cardholder
The two cardholders on the account are my mom and her friend.
Most importantly, she SENT IN FULL PAYMENT for what she charged.
2006-08-19 14:42:29 · update #1
I also needed to say that since she denied using the card, her parents are planning to report the card as stolen.
If they do can she be traced and arrested/prosecuted??
2006-08-19 14:43:34 · update #2
Your friend can charge the hell out of the card and tell her parents to kiss her ***. There is not a thing they can do about it. They put her on the card, for Christ's sake. That is allowing her to make purchases. Any side agreement they made with her is irrelevant.
If the parents knew that the card wasn't lost/ stolen and they reported it so, they could go to jail.
2006-08-19 14:50:17 · answer #1 · answered by normobrian 6 · 0⤊ 0⤋
If her parents reported the card stolen, the Co. (Visa, MasterCard, or whoever ) will close down the account, period. And send out new cards.
However, if they report fraudulent charges, they will send out an affidavit for friend AND mom to sign. ( because it's a joint account).
I 'm sure the the Co. will have questions re: the payment made though, for the exact amount charged.
No , your friend can not be arrested and /or prosecuted for either, since her name is on the card and so has authority to use it.
The only problem is going to be explaining to her parents that it was actually her that used it, which WILL be hard , because she has lied about it.
If her name is on the card, and she had every intention of paying the charge, I don't understand why she had to lie about it anyway. And THAT'S what she needs to remind her parents of.
But, anyway, no, rest at ease as far as her being arrested OR prosecuted since her name is on the card, and it is a joint account. She's in the clear there.
Another question would be, will the mom share an account with her again? will she be willing to have a card issued in the daughter's name also?
I hate to say it again, but, she needs to fess up to her parents. She did absolutely nothing wrong.
2006-08-19 15:04:43 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Whoa man! This is much funnier then the Comedy Channel! normobrian...you are a riot!
OK, lets see. Parents call to report card stolen. Police must take report, and add it to the thousands of other identity theft reports they have. And they will be very upset because you cut into their coffee/donut time by filling out that paperwork. But in the end, NOTHING will happen. The credit card is canceled out and a new card is issued. This is treated exactly the same as a lost card.
Trust me....the police will NOT be investing a lost/stolen credit card unless it is used in the future.
Your friend already paid for the purchase, so there is nothing to be concerned about from that end.
Bottom line, ignore these "monkey-dink" answers and just be calm. Your friend did something stupid. Her penalty is the lost of her parents trust. She really needs to just admit she did it, and point out that the bill is paid and no damage is done.
2006-08-20 05:50:13 · answer #3 · answered by Anonymous · 0⤊ 0⤋
1. Yes reporting a card as stolen when it is not is considered as filing a false police report.
2. If the card is in her name, regardless of who else is on the card, her parents could not have her arrested for using the card. The most they could do was cancel the card. (If they didn't want her to use it why give it to her?) Also her parents cannot "send her to jail". Only the court system can do that.
3. Your friend cannot be arrested for credit card theft or fraud as she committed neither.
4. Yes your friends transaction could be traced back to her if the police looked intently into it (I assume she probably signed for the item when she used the card).
2006-08-19 14:53:49 · answer #4 · answered by Anonymous · 0⤊ 0⤋
All she has to do is call the card company and tell them she completely forgot making the transaction, and there was some communication problems with her mother. Where I work people ALWAYS think things are fraud and they call back and are like OMG! I did go shopping last week! And I think people just get nervous when they see a bill and don't immediately know the details. So, I'm sure the company is used to it. The only way this would actually be BAD is if she already signed something saying she never used the card and doesn't know who did, like a company provided affidavit. If she did do so, then she would be setting herself up not for fraud, but for perjury, because lying on a legal document is against the law. . . .
2016-03-26 22:23:48 · answer #5 · answered by Tammie 4 · 0⤊ 0⤋
No, she cannot be prosecuted. First the card was in her name and she did have a right to use it, there was no forgery involved. Second the charge debt was paid in full there is no outstanding balance. She should just tell her parents that she has found the card so they don't waste the time with the police.
2006-08-19 14:51:30 · answer #6 · answered by deedleydee 3 · 0⤊ 0⤋
She should call the credit card company and explain what happened. No one will prosecute since it is paid off. Next she should get her own credit car. She can certainly tell her parents the truth--if they were all that great at parenting she wouldn't be in the situation to begin with.
2006-08-19 14:50:00 · answer #7 · answered by Nelson_DeVon 7 · 0⤊ 0⤋
Your friend needs to just be honest about the whole thing. If the parents are willing to go that far then she has a history of stealing or dishonesty.
2006-08-19 14:48:38 · answer #8 · answered by Anonymous · 0⤊ 0⤋
if they file a report, yes, big trouble. she just needs to be an adult and tell the truth. her parents are much more likely to be understanding and forgiving if she is honest, than to find out the other way. and it will cost your friend MUCH more money!
2006-08-19 14:49:58 · answer #9 · answered by Deana G 5 · 0⤊ 0⤋
Wow, I was just watching a show about this a few months back...the mother went to jail for this same kind of crap!
2006-08-19 14:48:13 · answer #10 · answered by yoohoosusie 5 · 0⤊ 0⤋