Legal Question in Criminal Law in Georgia

My cousin, knowing he couldnt pay his rent or pay a credit card back, convinced my grandmother to pay his rent. Now, because he cant pay my grandmother back, she is going to haveto file bankrupcy on$12000 credit card debt. She is ruined and he walks away scott-free. Has my cousin commited fraud? Is there any legal recourse?

Asked on 3/02/14, 3:59 pm

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Unfortunately your grandmother committed a very bad mistake that is not fixable in most cases. When a person can't pay a landlord and a bank obviously they won't pay a family member. Note that if she files bankruptcy, her claim against your cousin belongs to the bankruptcy court, so she needs to list the claim, and the trustee will decide whether or not to pursue it (if he succeeds the money will go to creditors and the trustee, not to the court).

This is not, although you labeled it such, fraud or criminal.

If she doesn't file bankruptcy and has proof this was a loan and not a gift she can sue the cousin, but probably won't collect unless he has a lot of money and assets.

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Answered on 3/02/14, 4:34 pm

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