Legal Question in Criminal Law in Wisconsin

My mom agreed to be a cosigner for my car. She provided all the needed information to me and I provided it to the dealership. I signed my mom's per the instruction of the salesmen who stated that the car will eventually put in my name. I fell behind in the payments and now the bank is going after my mom. Can I go to jail for fraud, identity theft, and forgery?


Asked on 9/24/11, 11:21 am

1 Answer from Attorneys

JAY Nixon nixon law offices

It is always possible to go to jail, even if you are not guilty, by failing to defend yourself properly by hiring an experienced criminal defense lawyer if you are charged with a crime. However, it would be difficult for a prosecutor to prove fraud, identity theft, and forgery if you had permission from you mother for everything that you did relative to your mother's involvement in this loan. Most of the crimes which you list have an element of proof requiring lack of consent, which is not present if you really had your mother's blessing and she is willing to verify that on the witness stand and has not filed any police report asking that you be charged with such crimes. You do not clearly state what you did her (nor should you in a public internet forum), but if all you did was get your mom to cosign for a loan which was in your name, that would not normally break any laws. If you signed her name claiming to be her, it is more of a problem, but not an insurmountable one is she will again verity that it was with her permission. My comments here are not legal advice, nor do they create an attorney client relationship between us; rather they are only for public educational purposes on this website. You are, however, always welcome to contact my office in Racine to discuss any additional questions which you may have or to set up a free consultation.

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Answered on 9/24/11, 6:09 pm


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