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Why don't you have her try to come visit you and see?
Honestly though, I know this is going to sound harsh, but we don't need people in this country that do things like that. South American can keep her as far as I'm concerned.
LOL!
Our country is full of people who have defaulted on mortgages and credit cards! And the crooked banks and politicians who make it all possible.
Besides, she wasn't asking for your moral judgment anyhow.
Nothing will happen to her. Let her come and stay with you guys. Her credit is ruined for about 7 years.
But after that she'll be home free. IF her creditors don't come after her for a judgement on the unpaid debt.
Even so, they'd have a hard time collecting if she doesn't live in the US.
She can come and go as she pleases. It is a civil matter not a criminal one.
If she took out the loans with the intention of fleeing the country, then yes, she committed fraud. Fraud is misstating or omitting a material fact in order to induce someone to act. She did not tell the credit companies that she was planning to leave the country (making collection almost impossible if she were to default) when she applied for the loans.
So yes, there may be a warrant out for her arrest.
She doesn't get the 7 year window either, leaving the country tolls the statute of limitations, so she will be responsible for any debt if she ever decides to move back to this country.
If she took out the loans with the intention of fleeing the country, then yes, she committed fraud. Fraud is misstating or omitting a material fact in order to induce someone to act. She did not tell the credit companies that she was planning to leave the country (making collection almost impossible if she were to default) when she applied for the loans.
So yes, there may be a warrant out for her arrest.
She doesn't get the 7 year window either, leaving the country tolls the statute of limitations, so she will be responsible for any debt if she ever decides to move back to this country.
Ahhh, There has to be evidence enough to PROVE fraud before any DA will even consider a criminal case first off. Unless there happenes to be a signed confession that she intended to defraud the banks, it is next to impossible to prove, AND the DA must be willing to move forward with the case. Then an arrest warrant will be issued and will be located in the public records of the county that charges were filed. Go look and see...
Enjoy the holidays with mom... Million to one shot that a warrent exists for her... If so hers will be difficult to find as it will be mixed in with millions of others !
Ahhh, There has to be evidence enough to PROVE fraud before any DA will even consider a criminal case first off. Unless there happenes to be a signed confession that she intended to defraud the banks, it is next to impossible to prove, AND the DA must be willing to move forward with the case. Then an arrest warrant will be issued and will be located in the public records of the county that charges were filed. Go look and see...
Maxes out credit cards, takes a home equity loan (as much as she could I assume) and then flees the country. Plenty of circumstantial evidence for a warrant.
Since it's interstate commerce, there might also be a federal warrant.
Maxes out credit cards, takes a home equity loan (as much as she could I assume) and then flees the country. Plenty of circumstantial evidence for a warrant.
Since it's interstate commerce, there might also be a federal warrant.
Unfortunately "Circumstantial evidence" is a bad word in a fraud case for a DA. Especially in TODAYS world ! DA won't waist resources on such a case. No evidence, no case. You watch too much TV.
If brought to trial, it WOULD be perceived, by the defense, that she got herself into terrible financial trouble as did MILLIONS of others in the US and just WENT HOME !
Unfortunately "Circumstantial evidence" is a bad word in a fraud case for a DA. Especially in TODAYS world ! DA won't waist resources on such a case. No evidence, no case. You watch too much TV.
I think you're the one who watches too much TV. "Circumstantial evidence" is not ideal evidence, but it is certainly compelling. The word "circumstantial" doesn't mean "bad," it just means that the evidence is not direct.
In a fraud case, which requires proof of the defendant's motive, there is no way to get direct evidence barring a confession. Any evidence introduced must necessarily be circumstantial.
If the police walk in to a house and see a man standing next to a dead body with a smoking gun in his hand, the only evidence that he shot the victim is circumstantial. No direct evidence.
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Originally Posted by Stephan_K
If brought to trial, it WOULD be perceived, by the defense, that she got herself into terrible financial trouble as did MILLIONS of others in the US and just WENT HOME !
No evidence of anything criminal there...
There's a lot missing from the OP's story, I'll grant you that. Did the MIL take out the credit cards a month before leaving the country? Did she regularly carry a balance? Did she have a fixed mortgage which she paid faithfully until she withdrew all the equity and left the country? When did she file for the home equity loan?
Lots of questions, and if the answers suggest fraud (even if she didn't intend to do so), there may be a warrant out for her. To flippantly dismiss the potential is not helpful.
I think you're the one who watches too much TV. "Circumstantial evidence" is not ideal evidence, but it is certainly compelling. The word "circumstantial" doesn't mean "bad," it just means that the evidence is not direct.
In a fraud case, which requires proof of the defendant's motive, there is no way to get direct evidence barring a confession. Any evidence introduced must necessarily be circumstantial.
If the police walk in to a house and see a man standing next to a dead body with a smoking gun in his hand, the only evidence that he shot the victim is circumstantial. No direct evidence.
There's a lot missing from the OP's story, I'll grant you that. Did the MIL take out the credit cards a month before leaving the country? Did she regularly carry a balance? Did she have a fixed mortgage which she paid faithfully until she withdrew all the equity and left the country? When did she file for the home equity loan?
Lots of questions, and if the answers suggest fraud (even if she didn't intend to do so), there may be a warrant out for her. To flippantly dismiss the potential is not helpful.
Circumstantial evidence suggests everyone that has received funds and contributed to the current economic situation is guilty of fraud then !!!!
Every DA's office across this country should be busting at the seems with fraud cases... We better hurry up and build more prisons to house all the ump-teen millions who have participated in this grfeat conspiracy ?!
Bottom line is any case of this nature is next to impossible to prove as fraud and no one will waists time on it... period ! Especially if she walked away and left everything behind. Now if she some how picked up that house and moved it out of the country or the daughter went to the prosecutor and put in writing that "My mother commited fraud and told me her plans and bla, bla, bla..." Then "possibly", and I still doubt it, a case would be made for fraud. Other than that, just a case of being financially stupid. Last I check, it wasn't a crime to be stupid in America!
Hell, I lost count of the number of people I have tried to have prosecuted for fraud over the last 3 years ???? 90% of the fraud commited agains my bussiness I had actual evidence, paper trails and admitted fraud and grand theft !!! Do you know how many of them were actually prosecuted ? NONE !
The one case that really chapped my ass, and I about destroyed my office over, was this lady that actually signed a paper from the fraud and claims division of UPS saying she received, did not pay for herself, was not paying for herself, and was not sending back product in the amount of $8,300.00.
NOTHING was done even after talking to the prosevutor in her coiunty ! Now I'm gettim pisse4d agaoin thingin about this sh*t . And this is just ome of MANYT like thisd .
Our country is full of people who have defaulted on mortgages and credit cards! And the crooked banks and politicians who make it all possible.
Yeah, and I wish they'd go the heck away too.
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Besides, she wasn't asking for your moral judgment anyhow.
Oh, because anyone who posts for advice on a public forum on the internet should never expect to get varying opinions in return? Not. The OP asked a question, I posted my answer. They (and you) aren't required to agree with it or like it.
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. And this is just ome of MANYT like thisd 
