My sister has been married for a little over a year. She has a house, 2 cars, cell phones, etc. which are all in HER name…
To make this short, basically what I am asking is this. Is it fraud if her husband is in so much debt (that she doesn’t know about), that he starts selling things on eBay that he doesn’t have!!! He is close to 10,000 dollars in debt and my sister is now getting things in the mail from collections that she A. had nothing to do with and B. was never aware of. The thing is all this stuff is in her name. Would she be able to press charges for fraud; or anything for that matter? Just trying to get some information to help her out before she seeks an attorney
2007-05-01 01:27:29 · 6 answers · asked by mlb0328 2 in Politics & Government ➔ Law & Ethics
FYI...I’m not looking for legal counsel here. Just wanted some outside opinions for my knowledge base...
Also she is in the process of getting a divorce from this ******.
Also, if she can PROVE it was him selling fraudulently on eBay, even though under her name, would that put her at less of a risk?
2007-05-01 01:45:35 · update #1
"he starts selling things on eBay that he doesn’t have!!"
What part of "Fraud" is hard to get?
"The thing is all this stuff is in her name."
He's in debit but the debit is in her name? Not much here
makes sense. Selling things you don't have on e-bay is fraud. Husband using wife's credit to go into debit might or might not be fraud; probably not.
She needs to sit down with HIM then the atty together.
"Also, if she can PROVE it was him selling fraudulently on eBay, even though under her name, would that put her at less of a risk?
"
He's selling fradulently under HER name? She better get all the proof she can and skip him. Go to an atty and look into pressing charges.
2007-05-01 01:32:08 · answer #1 · answered by wizjp 7 · 0⤊ 0⤋
The best advice is to have her consult an attorney if she is seriously considering some sort of enforceable legal action. She probably won't have to worry about fraud charges - I'll bet the people who are buying things he doesn't own will take care of that. She should be much more concerned about protecting her good credit rating. The road is littered with stories of free spending spouses who have ruined their partner's name and credit.
I don't know the marital situation, but I think most case law would support the notion that he is responsible for debts he has incurred on his own, given that he is actively hiding those facts from his wife. Again, best to consult with an attorney is legal action is being considered.
2007-05-01 01:37:24 · answer #2 · answered by sunshine all-star 2 · 0⤊ 0⤋
The information you get here may be more of a problem than getting a legal advisor right now . It is for the best that your sister is well advised.~~
2007-05-01 01:40:20 · answer #3 · answered by burning brightly 7 · 0⤊ 0⤋
I don't know that it constitutes fraud.
I would seek out a guy to beat dude to within an inch of his life if I were her.
She needs to find out if he was using her SSN to get credit - if so, then it is fraud, and she needs to make sure to protect her assets.
2007-05-01 01:32:28 · answer #4 · answered by Joe M 5 · 0⤊ 1⤋
Your sister better get herself a good lawyer right away. It sounds like she can be in financial trouble for years. Maybe she should also consider getting rid of him he sounds like a looser.
2007-05-01 01:40:08 · answer #5 · answered by Anonymous · 0⤊ 0⤋
she will have to sue her husband to reclaim her money but technically her owes the dept because it is in her name.
2007-05-01 01:33:39 · answer #6 · answered by daedealis 2 · 0⤊ 0⤋