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Hello everyone, I'm excited that there is some kind of help for us broke people
. Don't know really how this works so I will do my best to make things clear, but I really need help and quick.I live in the state of tx. My mother gave me verbal permission to apply over the internet for two credit cards and put me as an additional card holder. It was agreed that the bills would be sent here so that her husband wouldn't find out about it, and I promised I wouldn't let anything bad go on her credit. My Mother had received both credit cards by mail from me, and has used both of them. She is ticked off about the balances right now, and is now claiming fraud, even though she had authorized me to get them and use them, and she used them. I've never dealt with this before and I don't know where to begin dealing with it. All I know is the cards were not received fraudelently. She was on the phone with me and gave me her information, which is the only reason I had it. She lives in michigan and I live in tx. Again she received the two cards in her name and has used both of them. I only have the two with my name on them, off of her account. I also used my credit cards from her account in front of her. So, could she actually file claim charges on me, if there really wasnt any fraud committed? I have a one year old daughter and a good job right now. I can't afford to lose all of this cuz she went wacky. Oh and I have been making the payment for the charges that I accrued on the cards. Will that matter at all? Please, please helpt me. |
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First of all, let me clarify that this site is not a substitute for legal counsel. That being said, I don't understand how it is fraudulent, especially if your name is on the account and you are an authorized user with cards in your own name. With whom does she say she is going to file fraud charges? The credit card company? I don't know how she could do that. However, if she is fraudulently using your address as her own, then there may be some cause for concern--not between the two of you, but between you and the CC Company because you provided intentionally misleading information to them. Where does the bill go? It comes to you with her name on it? Did you overcharge the spending limit or accrue unreasonable charges? Did you have an agreement to pay and are now stiffing her on the bill? If so, she has a cause of action against you in small claims court ( depending on the amount) --not for fraud ( which is a criminal offense) but civilly. Unless there is something you omitted, she has no grounds for fraud since your name is on the account. Now, if she actually doesn't have cards in her name and you opened the account without her knowledge, and have been using cards in her name, then she could bring a cause of action against you. But, if what you are saying is true, you are an authorized user and she has no grounds against you for fraud. |
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All that I have said is true. The reason the bill comes here was so that her husband wouldn't find out that she was helping me. Even though she has closed the hd account I am still making payments on it. She is saying that her attorney says it is fraud because she hasn't had to sign anything, because everything was done online. I was told to collect my bank statements showing that every months a payment has been made on time, the only reason it would be late is because she closed it, and I couldn't get any information on the amounts or due dates to make the payment. I did however go ahead and make two payments within a week hoping that would be substantial enough to hold until my paycheck next friday.
Anyways, I was told the best thing to do is prepare by getting the bank documents and phone records that collaberate with my side of the story. I haven't broken our verbal contract in any way. I just am ignorant with this kind of thing because I have never had to deal with it, nor know anyone who has had to deal with it. So let me say this, according to the facts that I have given, and given they are all true, then I should just prepare for the investigation so when they ask me question I can provide the documentation to prove for the most part that she is making false fraud charges against me? |
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I still don't understand who the "they" is. Who is alleging fraud. The bank? the attorney? The police? Who are you afraid you are going to have to 'prove' this to? Fraud is a crime. If you are guilty of fraud, you can be arrested, she can press charges, etc. So, unless the police are charging you with fraud, I don't understand what the concern is. Let me explain to you how your posting doesn't make sense, and doesn't support your premise of a "verbal agreement". You state your mothers intention was to help you, presumably by giving you a credit card in her name. She had it come to your address so her husband wouldn't know about it. If that is/was the case, why would she do something so obvious as incur the prohibitive cost of an attorney ( something that would be very difficult to do without a spouse knowing) and secondly and more importantly, why would she cancel the account? If her goal was to "help you" ( and I'm not sure handing out credit cards is helping anyone) why would she close the account? That makes no sense. Also, another important point---the fact that she closed the account doesn't mean the bills stop coming--UNLESS she told them to stop sending them to YOU and start sending them to HER. That would, again, support the position that she had no clue, and that your use was illicit. Your stating the account was closed, therefore you got no bill is simply not the way it is handled, unless, of course, as I mentioned, Mom stepped in and got the bill sent to HER and told them you are not an authorized user/agent/contact for the account. Her actions support the following scenario: ( Note: I am not saying this is TRUE, I am merely informing you of what makes sense to me--and what might make sense to the police if she attempts to press charges against you). YOU get MOMS credit card info ( I don't know of an adult child who doesn't know their parents SS info, DOB, etc. to fill out a credit card query), fill out the offer, send it in, put down YOUR name as "additional card user" and get yourself a card. YOU use the card, the bill comes to you, mom knows nothing. When Mom finds out, she cancels the card. Sure verbal agreements are binding in certain circumstances, but other prevailing factors that present a different picture carry more weight. I suspect the cost of the attorney retainer is more than the credit card balance, again supporting the idea that Mom had no idea what was going on. What you are saying simply doesn't make sense. If you want an accurate helpful answer, you are going to have to be truthful. No one here is pressing charges against you. But, you just need to see how your entire posting doesn't make any sense. |
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you'll have to excuse me my brain isn't making much sense right now. You have no idea how bad this is hurting me. This isn't the first time my mother has helped me by putting things in her name. She co-signed on my apt up in mich and also had a phone in her name at my apt. My brain is too tired to try and put the right input out. My mother is very strange, you would have to know the entire story between the both of us to understand that she would decide to back out of helping, once she agreed to it. My mother is a very complex person. She likes to make things difficult. She's crazy in ways. but everything i have said is truthful even though it might not make any sense.
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