Legal Question in Criminal Law in California

Used credit card after parent's death

I continued to use my mother's credit card after her death in 1999. I paid on the card for quite a while but then I got into financial trouble and couldn't pay anymore. They just tracked me down. I have not admitted using the card, I wrote them and said that I thought my mother's estate was closed, didn't realize there were any debts still owed, and that I would be happy to make payments. They wrote back and said $500/month or they put me in jail. I owe $5500. I just got another job after being unemployed for over 6 months and I certainly cannot afford $500/month. I wrote back and offered $250/month. The woman from the CC called my voice mail and screamed ''I don't care if you ever pay, I'd RATHER put you in jail.'' I wish I had kept the voice mail but I deleted it. Is this really an offense that they will put a person with NO criminal record in jail for? Especially one who is willing to pay a reasonable amount every month? Do I need to see a criminal lawyer about this? I really cannot afford to.


Asked on 12/26/02, 1:04 am

2 Answers from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Used credit card after parent's death

Thanks for your inquiry, and I am sorry to hear about your experience with what is basically creditor harassment.

To start, no creditor can put you in jail. Only a judge, after a jury verdict, or if you agree to plead guilty, can sentence you to jail. A case can only get to this stage after the police investigate, collect evidence, and forward to the district attorney's office for prosecution, AND the district attorney reviews the case, and files a case against you.

In my experience, most police, when called, tell callers that this is a civil matter, and that they need to sue civilly.

You can offer payments per month, but the creditor is not under an obligation to take them, and can demand the full amount.

You may want to consider bankruptcy, or have an attorney handle negotiation of this debt. If so, please feel free to email me at [email protected], and best of luck.

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Answered on 12/26/02, 1:14 pm
Terry A. Nelson Nelson & Lawless

Re: Used credit card after parent's death

A criminal complaint for fraud is possible, but more likely is a civil lawsuit. Either way, if they are threatening you, you should consider hiring counsel asap to deal with them and get them off your back. Contact me if interested.

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Answered on 12/26/02, 4:18 pm


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