credit card fraud

[michele17]

MD

A family member gave another family member permission to use their SSN and obtain a few credit cards and purchase items over the internet. The family then had a dispute and now the one is charging the other for fraud and pressed charges and they were arrested. I don't see how this will stand in court, isn't it one person's word over the other? They claim the person stole their wallet and that's how the SSN # was obtained. Yet, they didn't file a police report when the wallet was taken. What can this person do? The one person is sticking to they gave them permission to use and obtain the cards. A family feud has started over this. The person has a court date in one month. Should they hire an attorney or can they go to court and state they were given the SSN # and hope they get off? How can the DA prove that person didn't give out there SSN # to the other family member?

 

[MommieDearest]

I would think that unless the family member gave permission in writing, or in front of reliable witnesses who would be willing to testify that it's going to be hard to prove that permission was granted.

 

[dosumi]

It sounds like you need to get them into counseling or therapy to see if they can resolve their issues. And possibly drop the charges, if they still can.

It may be even to late for that.

I don't believe it is legal to let someone else use your SSN. That could be considered fraud against the credit card company, they get the cards charge large amounts and take cash advances then the real SSN holder says someone stole their identity.

Lawyer is a yes!

They don't have to prove the wallet was stolen, just that they used the SSN and obtained and used credit cards fraudulently.
They could probably charge the person with identity thief also.
Identity thief is a big deal these days and they usually prosecute to the fullest.

Get then talking and see if you can get them to close this box they opened before it's to late or someone could end up in prison.

 

[cmorris]

While, I am not an attorney, I think this family member is going to have a tough time convincing a court it was innocent. Why not have the family member with good credit get the credit card and make the other an authorized user? That is the legal way to go about it.

 

[dosumi]

I think it's to late for that.
If the one party has aready taken out credit using the other parties SSN. That would have been the correct way to do it.

 

[cmorris]

I meant that is how they should have gone about it. Of course, you're right; it is too late to do that now.