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 14:45:46 · 15 answers · asked by emily_pyles 1 in Politics & Government ➔ Law Enforcement & Police
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.
But 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 14:46:23 · update #1
Lying to her parents about it is probably not a crime, but if she lies to the police, then she is cooked, since making a false report is a crime in most places.
The charge will not be fraud, since the credit card company has lost nothing. It is not theft since she hasn't stolen anything. it would probably be only making a false report if she is stupid enough to do that, which I am guessing she is.
In her defense, she should make it clear there was extortion involved, since her parents threatened to have her jailed. If she was indeed a joint owner of the card, then she had the right to use it, whether they liked it or not.
My advice to her is to get in her parents' face and tell them the truth, and remind them she had the legal right since her name was on it, and she paid it off. So, she should tell them, go ahead, have me arrested! When the police discover her name was on the card, that will be the end of that, and they will threaten the parents for making a false charge or report. Hee, hee.
2006-08-19 14:56:57 · answer #1 · answered by retiredslashescaped1 5 · 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.
2016-03-26 22:24:00 · answer #2 · answered by Tammie 4 · 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. . . .
2006-08-19 14:54:54 · answer #3 · answered by ShouldBeWorking 6 · 0⤊ 0⤋
Your friend can not be arrested or charged unless she lies to the Police should they get involved. If the Police ask her any questions she should tell the truth. Also, if the parents report the charge as fraud they may have to fill out a sworn affidavit saying they did not make the charge. If your friend signs that form saying she did not make the charge then she can be charged with fraud. The bottom line is that she can lie to her parents all day and be in no trouble, but if she lies to the credit card company or the Police she can get in BIG trouble.
2006-08-19 14:57:05 · answer #4 · answered by BETH J 2 · 0⤊ 0⤋
The girl had permission to use it, but she could be found guilty of fraud, she needs to tell her parents the truth and have the police report retracted.
Her parents could not have done anything to her, she had permssion to use the card, her lies are going to make it where she can get into trouble.
In basic her statement of not having the card, made her parents file a false police report, yes she could get into trouble over it,
2006-08-20 09:53:50 · answer #5 · answered by Anonymous · 0⤊ 0⤋
If SHE sends in the report, she can be prosecuted. If her parents send in the report, THEY can be prosecuted. The real problem is her lying. She should have told her parents she used the card (after all it is a JOINT account) and she should show them where she paid for the purchase.
2006-08-19 14:53:18 · answer #6 · answered by cyanne2ak 7 · 0⤊ 0⤋
No. As long as she doesn't make a police report. Just call the credit company and stop any more action on the card and they with replace it with a new number. Not a big deal.
2006-08-19 14:55:20 · answer #7 · answered by Anonymous · 0⤊ 0⤋
no the card was partly under her name so she is free to rack up the bill as high as she pleases....her mom can do the same. Its LEGALLY hers to use. So no, she ca NOT get in trouble for using this card. I repeat NOT. Credit cards are suppose to be used for when no money is availiable...your friend should prolly tell her parents she used it...but if she doesnt want to thats fine too cuz its her choiuce, her right to use it, idiot parents to try and get their child in leagl problems....and you will NOT go to jail for one time using a credit card even if it is NOT your card. Youd prolly only get a fine or a slap on the wrist...and nothing if she paid the dept....tell your friend to chill, it was HER card. Tell your friends parents to bring it, she didnt do nothing wrong
2006-08-19 14:55:48 · answer #8 · answered by flyer 3 · 0⤊ 0⤋
can a person be arrested for a credit of below 10000pesos?
2015-08-26 02:34:30 · answer #9 · answered by rachelle 1 · 0⤊ 0⤋
tell them the truth. QUICKLY before they report it. once they report it, you may be MUCH MORE TROUBLE.
wha's so bad about using the card and then sending in the cash to pay it off?
shows them youre responsible. yay!
2006-08-19 14:51:01 · answer #10 · answered by senacia 4 · 0⤊ 0⤋