In 2009, my aunt had come to stay with us after loosing her husband. While she was here, she loaned us $2000 to catch up on bills. The agreement was simply to pay her back when we could. She began drinking very heavily and we had to tell her that she had to quit drinking if she was going to stay. She decided to leave. She later alowed us to make some purchases and pay some bills with her bank card, again with the agreement that we would pay her back. This was late last year. We have tried to send her payments, but they always came back because she was living with a new man in a new state every month. Now, she is saying we stole the money.. She says she is pressing charges. Can she do this?? It sounds like she is trying to commit fraud herself?? Please help
Fraud, Embezzlement, Bad Checks Aunt accuses me of credit card fraud
- Thread Starter jsnider79
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army judge
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If you have received communications from her, send her a cashier's check made out for every dollar you owe her.
She was there when you needed her, so it might be wise to apologize to her and offer her your thanks for how she financially bailed you out!!!
She was there when you needed her, so it might be wise to apologize to her and offer her your thanks for how she financially bailed you out!!!
Yes, she was. And like I said before, we have tried to send her money. But we don't know where she is because she is with a new man every month. Not eggsadurating(??). Now, she won't talk at all. I really needed some legal advice. It can't really be considered being there when she is threatening to file false reports to try and send me to jail. It hasn't even been that long ago. And we have attempted to make payments. Anyways, thanks for your opinion, but really needed legal advice.
Obviously, I never should've accepted the money.... too late for that
Obviously, I never should've accepted the money.... too late for that
army judge
Super Moderator
Until charges are filed, you don't have a legal problem.
What you are experiencing is a conscience problem.
Pay your aunt and your problem will improve.
No one goes to prison in the USA for owing anyone else a debt.
People go to prison for theft, fraud, robbery, conversion, and many other property crimes.
There are no debtors prisons anymore.
If you can't reach her to repay her, how does she reach you to threaten you?
The next time she threatens you, respond politely with," I want to send you ALL of that money I owe you. Where shall I send it, Auntie??? "
What you are experiencing is a conscience problem.
Pay your aunt and your problem will improve.
No one goes to prison in the USA for owing anyone else a debt.
People go to prison for theft, fraud, robbery, conversion, and many other property crimes.
There are no debtors prisons anymore.
If you can't reach her to repay her, how does she reach you to threaten you?
The next time she threatens you, respond politely with," I want to send you ALL of that money I owe you. Where shall I send it, Auntie??? "
Because she left a very threatening, foul message on my voicemail. I called her many, many times after that and the 2 times she answered, she hung up on myself and my husband.
But I don't need to explain anything to you, you already know, or at least you think so. I truly thank you for being no help at all. I'm so glad I stayed up late to find this site and go through the trouble of writing this post. I can see why they promoted you!!
Thanks again.
But I don't need to explain anything to you, you already know, or at least you think so. I truly thank you for being no help at all. I'm so glad I stayed up late to find this site and go through the trouble of writing this post. I can see why they promoted you!!
Thanks again.
She can file charges all she wants, but it won't lead anywhere. All you need to do is tell the investigator (if there even is an investigation) what happened. Also it would help if you had any of the envelopes showing it was sent back.
Don't worry about going to jail. She loaned you the money and gave permission to use the card. That is not fraud nor theft. Long story short, there is no way she can pursue criminal charges. She can try calling the police, and as I said, they may or may not look into it, but if everything is as you have stated here, they will quickly realize what's going on. Keep in mind that they can look back at her and where she's been living and that would only support your side.
She can file a lawsuit to try to get a judgment against you, however I wouldn't worry about that too much either. Keep in mind she would have to pay probably a couple hundred dollars to file the case.
Even if she does, while it is possible that a judge can order full repayment, I wouldn't worry about that too much either. Basically any reasonable judge would look at the fact that you've tried to pay her but she can't seem to provide you with a reliable place to send the money and the fact that she still won't do so. Keep in mind too that you originally had an agreement to pay back when you could, and that's all the judge would probably hold you too, which is what you were doing anyway. In short, it's not going to go well for her.
Let her talk all she wants. Keep saving up the money that you owe so that you can pay her back at some point, but in the mean time let her go fly a kite. If she really wants her money that badly then she needs to give you a reliable way to get it to her. One suggestion is you might try sending her the money via Western Union or some other similar way. But above all stop worrying about legal troubles with this. She's has been standing in the way of you trying to live up to your end of the deal.
Don't worry about going to jail. She loaned you the money and gave permission to use the card. That is not fraud nor theft. Long story short, there is no way she can pursue criminal charges. She can try calling the police, and as I said, they may or may not look into it, but if everything is as you have stated here, they will quickly realize what's going on. Keep in mind that they can look back at her and where she's been living and that would only support your side.
She can file a lawsuit to try to get a judgment against you, however I wouldn't worry about that too much either. Keep in mind she would have to pay probably a couple hundred dollars to file the case.
Even if she does, while it is possible that a judge can order full repayment, I wouldn't worry about that too much either. Basically any reasonable judge would look at the fact that you've tried to pay her but she can't seem to provide you with a reliable place to send the money and the fact that she still won't do so. Keep in mind too that you originally had an agreement to pay back when you could, and that's all the judge would probably hold you too, which is what you were doing anyway. In short, it's not going to go well for her.
Let her talk all she wants. Keep saving up the money that you owe so that you can pay her back at some point, but in the mean time let her go fly a kite. If she really wants her money that badly then she needs to give you a reliable way to get it to her. One suggestion is you might try sending her the money via Western Union or some other similar way. But above all stop worrying about legal troubles with this. She's has been standing in the way of you trying to live up to your end of the deal.
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