Legal Question in Criminal Law in Virginia

Loan fraud

my husband and I had his car loan in both of our names. I decided to apply for a loan for in his name for his car so I had to file all his paperwork and sign his name. This happended about 6months ago. I always handle paperwork and sign documents in his name because he is extremley lazy. Now we are filing for divorce and found out that the loan in no longer in our name but his name and is threatening to press charges and put me in jail. He also concealed a tape recorder under the bed and taped our conversation as we were talking about the loan I filled out without his authorization. Can he really press charges? I do this stuff all the time...he is just angry because I am filing for divorce. The same situation also happened with credite cards I used his credit card and my credit (both accounts seperate in our own names) to pay off our timeshare that is in both of our names. He wants to press charges against me for this as well but the only reason he is doing this is to put me in jail so he can try to get custody of our son.


Asked on 5/15/08, 12:07 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Loan fraud

If the loan you applied for as your husband's spouse was in effect for him (and not for you),and it was a customary practice in your marriage for you to sign his name to documents, I doubt that there would be any basis to prosecute you on this set of facts.

It would be well to bear in mind, however, that merely because a person threatens "to press charges", that in no way means that there necessarily has been a crime committed by the one accused or that a viable case for prosecution even exists, as these are issues for the Office of the Commonwealth's Attorney which serves your particular locale.

Read more
Answered on 5/20/08, 10:59 am


Related Questions & Answers

More Criminal Law questions and answers in Virginia