Legal Question in Criminal Law in Texas
Credit Card Fraud
I applied for a credit card in my grandmothe's and my names. The company sent two cards with each of our names. I have been using my card for over a year, and I have been making the payments. I called to check on a payment and they said they new I had applied for the credit card fraudulently and they were going to help my grandmother press charges. I spoke to her and told her what I had done and told the company to cancel the card and I was continuing to take responsibility for the account. What is the charge for this and what is the possible punishment and can they press charges without my grandmother.
1 Answer from Attorneys
Credit Card Fraud/Abuse
There are two possible charges, 32.31, credit card or debit card abuse, which is a State Jail Felony (180 days to 2 years, fine, court costs) which in most instances must be probated - which would be brought under (b) (1)(A) "has not been issued to him and is not used with the effective consent of the named cardholder.
Also 32.32 False statement to obtain propery or credit - Class"A" misdemeanor, 0-1 ears in jail, up to $4,000 fine plus court costs.
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