question for anyone that knows about credit card fraud

[timotheeeee]

I'll try make this background information quick. A few years ago my mother got a card in my name, and I didn't find out about it until a year later when it was already maxed out. I left her a note saying something like "pay the card off and close it immediately" and didn't speak to her for a few months, during which I assumed she did as I told her to do.

When I did happen to check up on the card I found out that it neither payed off nor closed, and I immediately cut off relations with my mother and went file a fraud claim with my bank and told them the entire story. They ended up denying my claim because the note I left my mother counted as "payment arrangements," and, weirdly enough, "prior knowledge" of the account. I hassled with my fraud investigator for a while, who basically told me it was now a civil matter between me and my mother.

I went to the FTC and they gave me a list of things to do, including filing a police report, and getting a bunch of things together to send back to the bank in order to get them to look the case over. The FTC also said that I am in no way responsible for the card, or purchases made with the card, and that it will eventually get taken care of.

This has been going on for a while now, and I recently found out that my wages might be garnished. What I really want to know is if there is any chance that the bank can keep denying my charges and saying it's up to me to take my mother to court (something I'm trying hard not to do, since I'm not in a financial position to fly to another state and take my mother to court), completely washing their hands of the situation. If I send this little packet of information to the Bank, emphasizing that I did not authorize the card and the purchases, can they keep pawning this situation off on me?

They told me that the signatures on the receipts weren't mind, I'm saying I didn't give authorization, I've been fighting this a long time and even when to the FTC to see what to do. Can they legally keep denying me?

Any input at all will be appreciated. The FTC saying that by law, the card is not my responsibility, but it just seems that the bank has no knowledge of this law.

Edit: My credit is demolished, and I recently got a call from an attorney telling me they're going to try to garnish my wages. So I repeat, any information that might possibly, tangentially be helpful would be appreciated.

[esad]

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Any input at all will be appreciated. The FTC saying that by law, the card is not my responsibility, but it just seems that the bank has no knowledge of this law.

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The bank is basically trying to get their money back and if they can bully you into paying them they will.

At this point the best you can do is get a lawyer and have him call the bank. If they are not within the law they will change their tune really quick.

You're up against a big institution that will not be honest with you. Don't assume that they are playing by the rules. They do this all the time in the hopes that people will just give up and pay. I'm not saying that you are legally in the right, but you'd best get a lawyer that knows if you are or not and have him conatct them.

[Tony_P]

You need to get a lawyer in the state the card was issued. Don't read any more advice past this.

[RayPowers]

This is a cut and paste from my friend who has .... substantial experience in respect to this sort of thing.

"It's fraud. He did not authorize for the account to be opened, nor was she a valid signer for purchases. Its ID fraud. While what they say is true, he did make payment arrangements and had prior knowledge, he never authorized the card or signed any of the purchases.

I would 1. call the card company and ask them to chargeback every transaction, close the card and file a ID theft report with the police, then fax that to the card company, and have them remove the card as they are required to do so once a police report has been filed.

Oh ya and file a BBB report, you would be suprised how high a company will jump when you file a report."

Hope this helps.

Ray

[gamblore99]

wow, i cant believe someones mom would do that. Is she just really bad with money or was she trying to steal money from you? How much is on the credit card?

[JaBlue]

this is off topic but how did your mom get away with signing as a male (assuming you are time)... Also, whenever I make a big purchase on my debit card they ask for ID.

[ElliotR]

There is a lot about this story that does not make sense. For example, they can't garnish your wages without a judgment against you. Is there such a judgment? Have you been served with any court papers?

Not notifying the bank immediately when you found out about the bogus account was a bad, bad move. How bad depends on the law of your state, but the bank may well have an argument that you legally acquiesed to her use of the account.

Why don't you sue your mother where you live?

[RJT]

Not a lawyer her, but they can’t just garnish your wages. First they have to go to court and get a judgment against you. That is, they have to sue you and win the case. Then (if they win) they can start garnishment procedures against you. This means they can attached your wages (as well as your bank accounts I believe).

[youtalkfunny]

Note that if you prove fraud, the bank (or whomever ends up on the hook for this dough) may try to put your mother in jail.

It sounds like you wouldn't mind. But you should be aware of that possibility now, before you proceed further. IOW, if you don't want your mother to go to jail, then you had best handle between yourselves.

[Los Feliz Slim]

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You need to get a lawyer in the state the card was issued. Don't read any more advice past this.

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You absolutely must get an attorney experienced in these matters. Yes, it'll be as expensive, but not as expensive at the alternative, which includes paying higher interest for everything for the rest of your life.