Fraud, Embezzlement, Bad Checks Credit Card Fraud, Theft

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justme3333

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I believe this would be California.
14 yrs ago, my friend got me a credit card (American Express Corporate card) in my name. He had the "master" account, and he had agreed to be responsible for the bill each month. At that time I worked for him( under the table). I used the credit card (signing my name) for items that he authorized for work. He also paid me for work with this credit card occasionally, and he would give me an amount that I could spend on whatever I wanted.

For the last 14 yrs, at different times I have worked with and for him. we have been friends, vacationing together several times, and in constant communication. He has never, ever mentioned an outstanding credit card bill.

Now, out of the blue, my friend and his new girlfriend have emailed me demanding that I make payments to them totaling $9000.00.

they are saying I owe $5000.00 for the original bill from 14 yrs ago. and that I owe $4000.00 for fees and charges incurred in the last 14 yrs (and compounding weekly!)
He tells me he had a court date several yrs ago for this and he never went to it. the cc company got a judgement on him and they are garnishing his wages. this is the first time I am hearing about any of this.

My friend and his girlfriend have threatened me with a lawyer's name and threatened criminal charges against me for credit card fraud and theft. They also threatened that my kids will be taken away when I go to prison for these crimes.

I am wondering if there is any statute of limitations here? can I be charged criminally for this? the card was in my name, but he agreed to be responsible. Furthurmore, all the charges were verbally authorized by him, but I can't prove that.
Any advice is appreciated. Thank You!
 
There might be a whole bunch of issues here:

-criminal law: depending of what would actually be the basis for any complaint, if it arises from conduct 14 years ago it would most probably be barred from prosecution by the statute of limitations. Furthermore I don't see any district attorney willing to get into such a mess, so I guess that will not be the biggest issue. Of course, if one could prove that you used the card without consent you might be held liable, but here it is the prosecution who would have to prove that and the fact that for years the owner of the account did not complain might make this a very weak case.

-civil law: The same here: Plaintiff would have to prove any claims against you. Some claims might be barred by the statute of limitations as well, depending on what the claims are based upon. Most tort claims would not survive 14 years, but sometimes contract claims can. It depends on the details here. But harder for the plaintiff is the burden to prove that you were not entitled to the use of the card or that there was an explicit or implicit contract between you and the card owner to repay him. He might see himself confronted with certain defenses.

But this all depends heavily on the details of the bills, the case etc, therefore this forum here probably cannot give more answers and you should consult an attorney if they start any action against you.
 
should I be worried?

I just recieved another email from my "friend" and his girlfriend about this matter. It is a personal email from them, not from a court or lawyer. It says:

"This letter is to confirm the lawsuit has been filed in San Bernardino county as of 9/23/05"

thats all it says. I cant tell if it means criminal lawsuit or civil.

either way, what can I expect? A letter from court? Police at my door to extradite me to California? (I live in Kansas)

If I call the courthouse to ask, will they tell me if a "lawsuit has been filed"?
 
justme

Also, should I call an attorney now, or wait till I hear from officials as to whether this is going forward to court?

do I call a CA lawyer or KS?
 
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