Legal Question in Criminal Law in Georgia

Judgment/Fraud

I have a credit card that I purchase 3 years ago. After taking the person on the card to court they stated that his daughter opened the account along with several others. I research this and found it was true, she had been on probation/sued by the US ATTY for various forms of ID Theft/fraud and so on. This account was not included for whatever reason. I sued her and won by default. After serving her POE with garnishment papers she filed for chpt 7. I hired an atty and we won in bankruptcy, she signed a promissory note and has since defaulted on it. Is anyone aware if I can go back to the US Atty or have ID Theft charges brought against her again? If so, do I lose the account? I have invested far too much to lose the account. She is in GA. I have a judgment against the daughter who committed the fraud.


Asked on 9/13/07, 4:55 pm

1 Answer from Attorneys
Ann Fitz The Federal Law Group

Re: Judgment/Fraud

Criminal cases typically trump civil cases, and generally come first in time. This is because restitution is usually including in the criminal punishment and eliminates the time, effort and expense of pursuing a civil case. However, because you have already received a civil judgment but have not been able to collect upon it, the criminal avenue should still be open to you, provided that the statute of limitations has not expired. I suggest contacted the FBI with the information you have and make a complaint. The complaint will be investigated, and will then be turned over to th US Attorney's office for prosecution. The government then becomes your advocate, and can use many resources to collect restitution without costing you anything further.

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Answered on 9/14/07, 10:10 am


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