question for anyone that knows about credit card fraud

[timotheeeee]

Thanks for the feedback. I'll try to respond to your questions as best as I can.

Gamblore99: The story is a little more complicted than the simplified version I gave. Actually, and this helps me, when I found out about the card (a credit card statement with my name on it the day I moved back home from college) I asked was in disbelief and showed it to my girlfriend who was there. She told me that a few months prior that my mother told her she opened a credit card in my name in order to build my credit (I'd never had a credit card before), and that my mother asked her not to tell me because I'd kill her. So I'm not sure if she opened the card with good intentions and realized that it was a lot easier to buy [censored] you didn't have to pay for or if she all along knew she was going to screw me over. We were very close before the incident, if that helps.

JaBlue: My fraud investigator told me that she looked at the receipts and that the signatures weren't mine. I don't know if that means she forged my name and compared signatures, or if my mom opened the card in my name and made it so she could use it and sign her own name. The credit card limit was only $2000 (up to over $3000 now with interest), and I've looked at the list of things she purchased. Of course, it was all spent at bars and on roadtrips.

Elliot: When the person called me about the garnishes, she made it seem like it was an inevitibility and that I have 48 hours to cut some deal. I did some research into it and read that they have to go to court and get a ruling in their favor. I faxed the attorney's office a copy of the police report (I got one in the state I live for record purposes, as the FTC told me to do) and a decent-sized letter explaining that I don't fear a court case because I have more than enough information to make any court case me a complete farce. I mean, I've got Bank of America telling me the signatures aren't mine, plus I didn't authorize the card, not to mention I have witnesses. I also told them I would give them any information I have to show them there's no way in the world a case against me would stand up. But I would rather not have to deal with a court case, let alone two (if I have to bring my mom to court).

And I realize in hindsight it was a bad move. I was a naive kid that loved his mother. I figured she'd take care of it the way she took care of things up to that point. I'm hoping to god that this naivite doesn't completely reverse the fact that credit card fraud took place.

youtalkfunny: At first I didn't want my mom to go to jail. Now I don't care and, ironically, she's sitting in jail right now for violation of probation. I've spoken with her probation officer about the mess and she suggested I file a police report in Cobb County, where it took place. I actually tried to do that a while back, but I got some dick police officer that wanted to speak with my fraud investigator before he moved forward. She had said many things to me that made me think she thought I wasn't being truthful about the card, and I suppose that's what she told him and which is probably why he decided not to investigate the case, which really got me into a deep depression. I guess I'll try it again and hope I get someone different.

To all suggesting an attorney: I realize getting an attorney would be beneficial. However, I seriously don't have money for one, and I figured this to be such an open and shut case that I wouldn't need one. I've got the FTC telling me that I'm in no way liable for the card (especially considering I found out about it after it was already maxed out). I still hope to get this taken care of outside of the courts.

[gamblore99]

timothee, I don't think trusting your mom is naive, especially if she has taken care of things in the past like you have said. Good luck with everything. Please keep us posted with updates.