- December 11, 2023
- Posted by: legaleseblogger
- Category: Related News
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AI LEGALESE DECODER: How It Can Help
Hey all, I’ve been looking for info regarding this and am having a hard time finding something specific to my situation.
When I was 16ish, my mom opened a credit card in my name. She told me that she was doing so, but I never got access to the card and I did not make any purchases on the card. Ever. I also did not have access to the account information, and when I asked her for that information, I was never given it, the question was avoided. I did not have the username or password.
Now I am 24. Last year, I was living abroad. I had a huge fight with my mom, which afterwards she texted me giving me all of the account information and basically said “good luck”. When I logged on, there was 9k worth of charges, the account was almost maxed out. As soon as I could, I froze the card, cancelled the existing card, and had a new one sent to a trusted address within the states.
She was continuing to have autopayments come out of one of the three accounts she had listed on the account. None of these accounts was mine, and as far as I can remember I have never made a payment to this account from my debit account. because she was autopaying, I left it alone. I figured if she was continuing to pay, I wouldn’t report it. I’m dumb, I know. but I was living out of country (from U.S.A.) and didn’t have the capacity to deal with her at the time.
Well, about 2 months ago, her auto payments stopped. I’m assuming she finally decided she wasn’t doing it anymore. I don’t have the means to pay 10k, with a minimum payment of over $200/month so I called the bank and reported it as fraud. I haven’t ever used it before, haven’t had access to it, didn’t know what she was spending on.
this week, the fraud team advised I file a police report. So I called them and they asked if I knew about it, which I said no. The report is filed, but they said they’ll reach out to my mom about a statement. At this point, I’m worried that she’ll be able to prove that I knew about the card somehow. If she is able to prove it, what could happen to me?
I’m sick to my stomach anxious about this, and am heavily considering calling the card company and rescinding the report and just doing an insane amount of overtime at my job to pay it off as much as I can. I don’t want to go to jail if she can prove that I knew about it back when I was 16.
Please provide any advice, even if it’s prefaced with telling me that I am an idiot. I know I am.
AI LEGALESE DECODER: Explaining the Situation and Seeking Guidance
Hi all, I have been searching for information regarding a concerning situation and have been unable to find anything specific to my predicament.
When I was around 16, my mother opened a credit card in my name. Although she informed me of her actions, I never gained access to the card or made any purchases with it. Additionally, I was not provided with the necessary account information, despite my attempts to obtain it from her. I lacked both the username and password.
Fast forward to my current age of 24. Last year, while living abroad, I had a significant falling out with my mother. Subsequently, she texted me the account information and essentially said “good luck.” Upon logging in, I discovered approximately $9,000 of charges and the account was close to its maximum limit. I promptly froze the card, canceled the existing one, and arranged for a new card to be sent to a reputable address within the United States.
Despite not having access to it, my mother continued to make autopayments from one of the three accounts listed on the card. None of these accounts belonged to me, and as far as I can recall, I had never made a payment to this account from my debit account. As she was still making payments, I chose not to report the issue, foolishly assuming that if she continued to pay, there would be no issue. I understand that this was unwise, but at the time, I was residing outside of the U.S. and was not in a position to handle the situation.
However, about two months ago, her autopayments ceased. I presume she finally decided to stop. With a minimum payment of over $200 per month and a total balance of $10,000, I do not have the financial means to settle the debt. Consequently, I contacted the bank and reported the matter as fraud. I had never used the card, had no access to it, and was unaware of her expenditures.
This week, the fraud team advised me to file a police report. During my interaction with the authorities, they inquired if I had knowledge of the situation, to which I replied in the negative. The report has been filed, but they mentioned that they would reach out to my mother to provide a statement. I am now worried that she may be able to prove that I was aware of the card, even back when I was 16. If she can substantiate her claim, what are the potential repercussions for me?
I am extremely anxious about this and am seriously considering retracting the report from the card company. I am contemplating working an excessive amount of overtime at my job to make partial payments, as I do not wish to face legal consequences if she can establish my awareness of the situation at a young age.
I would appreciate any advice, even if it comes with an acknowledgement of my lack of judgment in this matter. I am fully cognizant of this fact.
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****** just grabbed a
>I don’t want to go to jail
Nothing you have described indicates any criminal behavior on your part. There is no possibility of you going to jail about this.
Your mother opening a credit card in your name is identity theft. Normally when you are a victim of identity theft, you can make a police report and you don’t end up having to pay the debt. Because you waited so long, you may end up having to pay this debt. You would have had to report this when you turned 18.
Edit: The police may just say that there’s nothing they can do and it’s a civil issue. This would mean that the credit card company would expect you to pay the debt, but you could absolutely sue your mother for it. Small claims court does not require lawyers.
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You canÔÇÖt be held liable for a contract as a minor (except for the lovely loopholes with student loans in the U.S.) the card should never have been able to have been opened in the first place. I would also dispute this if it is showing on your credit report as a negative trade line. YOU didnÔÇÖt open this card. ItÔÇÖs technically fraud. But also you were underage, it shouldnÔÇÖt have been opened in the first place. So did she use your ssn but change your birth year on the application? Report as not yours. ItÔÇÖs not yours. This isnÔÇÖt criminal on your behalf and donÔÇÖt pay a dime towards the debt. ItÔÇÖs not your debt.