[max washington]

My friend 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?

[RickJ]

Confess and pay. The company is not interested in pursuing charges... they just want their money.

... just my 2 cents worth.

[max washington]

What could happen if she just chose to ignore it? Would they let her make payments or would she have to pay it all at once?

[RickJ]

Ignore it until when? They've been tipped off that the cardholder is deceased, so if they don't hear from the responsible party, they WILL be interested in reporting the fraudulent charges to the appropriate authorities.

At the very minimum, she should cut up the card and at least make the minimum required payment on the account until it's paid off... or better yet just bear down and pay it off sooner than that.

[s_cianci]

Her best bet is to just pay off the card. As long as they get their money it's unlikely that the credit card company would pursue fraud charges against your friend.

[excon]

Hello max:

What could happen if she just chose to ignore it? Would they let her make payments or would she have to pay it all at once?

Payments?? Dude, are you nuts?? This isn't a bad debt - it's a CRIME. Nobody is going to be nice to her. Nobody SHOULD be nice to her. She's a crook.

Paying with MONEY is one thing, but she's risking her BUTT, and doesn't believe anybody wants it. SHE'S WRONG!

excon

[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. They never called back and stopped sending her bills. Today someone from the fraud dept at the company called and wants to talk to her. What can she tell thme to get this straight and not get in trouble? I do not think she has the money to [ay the entire bill off.

[excon]

Hello again, max:

Maybe I didn't make myself clear. They are about to pounce upon her, and they are going to enjoy every minute of it! All that stuff about being an authorized user is subterfuge. I'm not buying it - neither will a judge. She committed a crime. They'll convict her. If she continues on this plain, she'll do time.

The absolutely insane thing about this, is that it can be cured, right now, with money - and she's fiddling around. She doesn't believe they'll do anything to her, or she'd collect cans. However, once her butt is in the slam, she's going to wish she cleaned toilets in order to pay it off.

Or, the deep dark psychological crap, is that she wants to be punished. Okay. Here it comes.

excon

[max washington]

OK, I know all that but what does she need to tell them to just pay it off and not get in trouble? I know the truth is always good but in this case she is embarressed and just wants to pay the debt. She is not a crook. I think she thought if she didn't say anythng they may just dismiss it as a debt. I also do not think she has the money to pay it all off at once. What should she say to the CC company to get things right?

[excon]

Hello again max:

I don't know what you don't understand. She committed a crime. There is NOTHING she can say that is going to change that. They know that. They're the victim.

Right now, they don't appear to have gone to the police. Therefore, at this point, they want their money, and if they get it, like RIGHT NOW, MAYBE, it will end there. Consequently, what she should say to the CC Company is: "What is the total balance, and to whom do I send it?"

IF she says that, I doubt they'll ask anything further. Saying ANYTHING less than that, however, will result in trouble. Just WHEN that trouble will erupt, who knows? A week, a month, a year, longer. Who cares? It's coming. How bad is it going to be? Certainly, worse than it is right now.

Dude! She needs to beg, borrow, sell cans, clean toilets, AND flip burgers - plus, if you care about her, and you apparently do, then you need to help her raise the money.

Let me say it again, there is NOTHING she can tell them. They want money - not talk.

excon

PS> Look, I'm not trying to be a hardass, but I've been there. There are times when you can talk your way out of it, and there are times when you can't. This is one of the latter.

PPS> When and if she talks to them, tell her NOT to lay that crap about being an authorized user and all that other stuff. That'll just piss them off.

PPPS> I know, "she's not a crook" --------- Dude, YES she is! The more quick she acknowledges that what she did WAS a CRIME, the faster she's going to come to grip with reality. Plus, the chances increase that she won't do it again. That doesn't mean she isn't a nice person, who made a mistake. But, if she doesn't take care of it immediately, she'll be convicted, and it won't matter whether you or she THINKS she's not a crook, the whole world will know she is!

[mr.yet]

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.

[RickJ]

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.

[K_3]

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?

[ScottGem]

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.

[max washington]

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.

[excon]

Hello max:

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:

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.

Help us out, max.

excon

[ScottGem]

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 money any other way, they will extract their pound of flesh.

[max washington]

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.

[RickJ]

She came up with the money and is going to pay it off.

Wise move!

I guess they have the upper hand in this ...

Yes, they do. Whatever it took her to come up with that cash is far better than suffering a criminal ordeal.