Expert: Philip Sweeting - 8/19/2005

Question
Hi Philip


Thansk for any insight you may have for me.

I'm also an Expert here in the Macintosh computers area. Been
here for a good number of years.

Summary.
I have a 23 year old daughter who lives with her mother, my Ex.
My ex gave my daughter a credit card to get gas for the car one
day. Forgot she gave it to her and didn't ask for it back, and my
daughter either forgot also, or just didn't bother to give it back.

The credit card company called my Ex with a fraud alert, gave
her the date the card was used. My ex called me about it and
said she thougt my daughter stole the card. Called bask the next
day and told me she gave my daughter the card to use after
checking the date it was used, but she had already told the
credit card company the card had been lost or stolen, not
realizing she gave the card to my daughter.

Well, my daughter, later in the month used the card a number of
times and spent close to $500.00, some of which she has given
back to her mother.

Now my Ex is telling my daughter she's going to have her
arrested for this. The credit card company sent my Ex paper
work to fill out for fraud.

What will happen if my Ex does fill out the paper work saying the
card was stolen, knowing this isn't true?

I'm assuming the credit card company would do an investigation
and see video of the person using the card.

Would the credit card company go after my Ex for saying the
card was stolen when it wasn't?

Hope I haven't been too long winded, but this has me really
upset.

Thanks for your time.

Bob Wood

Answer
It is highly unlikely the police would consider arresting a family member over a dispute involving a credit card and $500.00 dollars. Nor would a prosecutor want to spend the time prosecuting such a case.

It could be a case where your ex wants the credit card company to credit her account the $500.00 dollars. Depending on the credit card company, if your credit card is stolen and you report it, they will repay the amount that was charged on the card. Of course if the credit card company discovers she loaned it to your daughter and then she falsely reports it was stolen, your ex could be in trouble for fraud. But in either case I doubt the police would do anything since the amount is small and it involves a family member.

For whatever this is worth, you should also keep in mind, it is quite common that a family member will steal from one of their relatives since it is easy and they believe if it is discovered they won't report it to the police. Your daughter claims it was given to her to get gas, yet she charged $500.00 dollars, I assume without her mother's permission. If that is the case, in theory, your daughter did "steal" $500.00 from her mother. I'm also a parent and you want to believe your children but if you haven't, you should keep in mind that your daughter may not have been completely truthful with you. I suspect your ex is more angry at your/her daughter for betraying a trust then she is over the $500.00.

In any event, if your daughter has repaid back part of the money, if she can, have her keep a record of it. If the police do come knocking at her door, she does not have to talk to them but if she can show she has repaid the money, in all likelyhood they will go away.

Hope this helps.