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My freind used her parents credit card after they had been deceased. When somebody called her house to speak with them a relative told the company they were desceased. Now the company is calling and wants a death certificate sent. What can she do to not get in trouble over this. Ignore the calls or confess and pay off the card?
Your friend better get an attorney now, pay the balance off now! As excon said, "I don't know what you don't understand. She committed a crime." Look up the statute in your state for fraud.
Max, yes it was a crime, but if she pays it off now then that will probably be the end of it. She can count herself lucky and hopefully learn a valuable lesson from it.
If they called her she must have been late on the payments. She needs to ask how much is owed and if she can make payments. Credit card companies want their money, they do not want to prosecute, that takes time and money. She needs to be aware they are recording what she is saying. She should not incriminate herself without getting advice from a lawyer.
This is a serious offense and she could be prosecuted. Whatever her intent was in the beginning does not matter now. Why did she think she was on the card? Was she signing her own name or her moms? Had she used it before her mom died?
Some things don't jive here. Let me try and get some things straight here.
I assume her name was not on the card. But she had a card and had used it prior to her parent's death. She continued to use it after they died and continued to make payments. Was she behind in the payments at all?
Then, at some point, for some reason, the company called and was informed the parents (the cardholders) were deceased. At which point they stopped sending statements so she stopped paying. How long as this been going on?
If the above statements are accurate, then I think it would be hard to prove a fraud case. If she can prove she used the card before their deaths and that she was continuing to make payments, then there was no intent to defraud.
But she should not wait any longer. She needs to contact the card issue immediately, explain the circumstances and tell them she will resume payment immediately she just needs a statement. As noted, the issuer just wants their money, they stand to lose if they pursue a fraud case.
All the charges were made by her after the death of her parents. She called the CC company today and they said they want all the money now or would file charges.
All the charges were made by her after the death of her parents. She called the CC company today and they said they want all the money now or would file charges.
And, that surprises you because................
I told you what she needed to say, and I told you what would happen if she didn't say exactly that. Duh!
ScottGem is right. There is a mystery going on here. At one time, this girl might have been able to explain her way out of it, and indeed, she just might be innocent. But, that time has passed. She's acting guilty
Something is funky in the following statement:
Quote:
Originally Posted by max washington
She thought was an authorized user on the card and just did not report her mother was deceased. She made payments up until a few months ago when a family member told them the mother was deceased.
If she was simply a user on the card, she would have reported her parents death. The fact that she didn't, and continued to use the card indicates a devious mind.
Next. Were all the payments made on time? I doubt it. Otherwise, why would a credit card company call? Or did they call at all? Maybe some unknown family member called them.
That does make a difference. If she only used the card AFTER their death then an intent to defraud might be inferred. Though the fact that she made payments as billed, should mitigate that.
Her big mistake was to stop paying. But the question now is how to proceed.
Does she have or can she get the money to pay them in full? If she can I would advise doing so. If not, then she should go back to the CC and say that she had no intent to defraud, that she had and was going to continue making whatever payments as due on the account until they stopped sending her statements. Offer to bring the account up to date and acknowledge that she will cease using the card. But that she can't afford to pay the balance in full and is willing to make the payments as she was doing.
The CC is not likely to spend the time and money to prosecute since that would inhibit her ability to pay. But if they can't get their moeny any other way, they will extract their pound of flesh.
She tried that approach and they said that wanted payment in full or they would prosecute. She came up with the money and is going to pay it off. I guess they have the upper hand in this but she wishes they would have let her make payments. The problem came when she got behind and they called and a visiting relative told them they had passed away. Paying it off is the right thing to do and she should have never used it in the first place, but she was making payments and is not a criminal. Thanks for your help.
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