When my ex-fiancÚ and I lived together he opened a credit card to get a discount for items in out apartment. When the visa came in the mail I activated it and started using it and never mentioned it to him. I always paid the bill on time so there was never an issue. We split up and he ended up finding out what I had done. I agreed that I would continue to pay it off. I shred the card but it was still attached to a couple accounts and I would use it occasionally. Still paying it monthly on time. I lost my job and started making the payments late. I told him what was going on and he said he would pay it off if I would pay him back with much less in interest. Now he and I are in a battle over time with our daughter because he moved out of state for work and he is trying to blackmail me by saying that if I don't give him all school vacations and summers he will report me to the police and I would go to jail and he would get her all of the time. Well I have nothing on my record. Can he claim fraud even though he has known about this for 2 years?
1 Answer from Attorneys
Your question is not clear. It appears you charged items to a credit card that was not in your name by somehow making the charges in his name or adding your name to the card. In any event, that is credit card fraud. I do not have all the facts and ultimately charging decisions are made by the prosecutor.
Sure he can "claim" fraud and you may be prosecuted. This is no different than stealing from a store, getting caught, and returning the item. That is still a crime. As you put it "he ended up finding out what I had done" your repayment of the debt does not give you a free pass. The issues involving parenting time are too complex to answer with the limited information provided. Feel free to contact me to discuss.
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