Legal Question in Criminal Law in California
Credit Fraud, Internet Banking, ID Theft
My sister left an abusive
relationship after 5+ yrs (not
married). She used his credit card
# to get away, living on money she
transferred from cash advances to
an internet banking site. She made
pymts like it was hers but one
month was missed & the co.
contacted the ex and he has
reported it as fraud. With interest
28k is now owed. She moved from
OR to AZ, NV and CA during this
time. Now has an ok job, she could
pay, but is so scared she is
thinking of running. No
prior crim.record but has a history
of mental health problems
psych hosp.and suicide attempt
when she lived with this ex. Mostly
it was money transfers and on line
air or hotel reserv. thru a website,
she never had the actual card,
just the #. She is terrified of jail
and I am scared she will run
and live homeless or try suicide
again. She has had a msg from the
card co but no contact. How long
does an investigation take before
they prosecute? What are the steps
and timeline? Should she talk to co.
fraud dept? What is she facing? She
is ready to run now. Help?
1 Answer from Attorneys
Re: Credit Fraud, Internet Banking, ID Theft
In most cases such this no criminal charges are filed. It is normally considered to be a civil matter. She should file for divorce and list this as a community debt. She should contact an attorney in the area where she lives. Ask the attorney about the advisability of contacting the credit card company and discuss payment.