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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 .
Sorry to say it, but that's not enough to get prosecutors interested. It's easy to get a credit card line of $10,000. Four or five of those, and it becomes serious business. Add in a home equity loan, which may be upwards of $100,000, and the total amount of fraudulent activity could be $150,000.
That is enough to get a prosecutor interested. Again, details are lacking.
Sorry to say it, but that's not enough to get prosecutors interested. It's easy to get a credit card line of $10,000. Four or five of those, and it becomes serious business. Add in a home equity loan, which may be upwards of $100,000, and the total amount of fraudulent activity could be $150,000.
That is enough to get a prosecutor interested. Again, details are lacking.
As long as the house didn't come up missing there is no theft or fraud of anything ! Credit card companied file a civil suit and get a default judgment and lien the house. House gets foreclosed on and goes to auction. Bank and credit card companied get all their money back if it's sells for enough. If not they write it off and their done with it. No fraud just bad calls by the banks.
Still just someone who did not handle their personal financial situation properly and nothing more... Happens every day. Like I said earlier, prosecutors will have a stack of case files that will take them into the next millennium if such was the case as every foreclosure situation can be deemed as fraud !!! Never happen...
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.
I don't think so, zman!
She didn't commit fraud. She took out loans for more than she could pay back just like millions of other folks in this country.
She didn't commit fraud. She took out loans for more than she could pay back just like millions of other folks in this country.
If she took out the loans with no intention of ever paying them back, and with a plan to flee the country, she committed fraud. If she intended to repay, but got over her head, then there is no crime.
Quote:
Originally Posted by crista42
8 Snake you are exactly right in regards to my mother in law, thanks for your response. Basically, she maxed out credit cards on purpose, obtained a home equity loan, and defaulted on mortgage payments. She did all of this three months before she left the USA.
Sounds to me like she took out the loans with the intention to "take the money and run."
She didn't commit fraud. She took out loans for more than she could pay back just like millions of other folks in this country.
Nice try! LOL!
Quote:
Originally Posted by zman0
If she took out the loans with no intention of ever paying them back, and with a plan to flee the country, she committed fraud. If she intended to repay, but got over her head, then there is no crime.
Sounds to me like she took out the loans with the intention to "take the money and run."
zman is correct. It's most certainly fraud if she took out loans with no intent to repay them. If that can be proven, it is a crime.
We can argue about proof all day long, because that's really the crux of the matter. There's no doubt that it's fraud, though.
She really sounds like a dispicable person, totally lacking in morals or ethical standards.."Sin Verguenza"... She deliberately took advantage of her new country and then stuck the rest of us with her bills. I wouldnt facilitate her in anyway.
zman is correct. It's most certainly fraud if she took out loans with no intent to repay them. If that can be proven, it is a crime.
We can argue about proof all day long, because that's really the crux of the matter. There's no doubt that it's fraud, though.
To all of us discussing this situation on this board, yes I think we all agree that she acted fraudulently according to what her daughter in-law says, having no intention to pay back the loans. Just because she says this, ya, every average Joe is going to scream FRAUD !!! Doesn't make it criminal in the eyes of the legal world and to a prosecutor. It's a whole different story. There must be certain burdens of proof met for it to be criminal ! And that is what the OP is basically asking about. And again as already stated, we are lacking info on this matter.
If she made payments of any kind on the notes, then she in no way acted fraudulently and "intention to not pay" is impossible to prove in the eyes of the law. Now if she made NO attempt to repay, then intent to defraud becomes easier to prove but still VERY difficult for a prosecutor.
Morally... I am with everyone, a despicable act, but such is life... People everywhere do it every day. It's the world we live in.
To the OP, go to the courthouse and see if there is an arrest warrant issued for here. And let us all know so we can end this thread .
There must be certain burdens of proof met for it to be criminal !
And that burden of proof is whatever the prosecutor decides is enough. Although it would be more appropriate to say there is evidence sufficient to prove that a crime was committed and that the defendant was the one who did it.
Part two is satisfied. She took out the loans. I'm saying, based on the OP's story, that there's sufficient evidence to prove a crime was committed. Additional evidence may tilt the balance the other way, but right now there's enough for probable cause.
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. And this is just ome of MANYT like thisd 
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