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Fraud


mememe123
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I am currently about a month behind on my credit cards. 1st financial called me yesterday and started asking me a bunch of ?s. I told them that my husband had lost his job and he had just found another one, but it will only cover the basics so we won't have any extra to pay them until he finds a better paying job. Then she asked me why I took $800 from an ATM last month, and I told her that it was to pay for food and rent. She said something about sending my account to the fraud department because I had no intention of paying it back. I said that I planned on paying it back, but I do not have the means to do so until my husband finds a better job. Is this considered fraud? Part of me thinks she's just trying to scare me and the other part is worried since fraud could mean jail time.

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She is pulling your leg.

You took out cash to purchase necessities. It was not smart only in that the cash withdrawl against a CC has a higher interest rate. You would have been better off charging the purchase.

She cannot turn you in for fraud. I would call your creditor back, ask to speak to a supervisor and then ask to have her fired for threatening an action that cannot legally be taken.

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Yes, this is very common. They will try anything to scare you or bully you into paying.

Most likely, nothing will come of it. If they were going to do something like that, you would have already been charged with a crime by now. Intent is a very difficult thing to prove in court. Even if you just made one payment on your credit cards after those charges, it makes it nearly impossible to prove fraud beyond a shadow of a doubt. Besides, they don't want to put their debtors in jail. How would they be able to garnish their wages then?

But since they are using the word fraud, I would advise you to stop talking on the phone with them about it, just to be on the safe side. Get caller ID if you don't already have it, and just don't answer the phone when they call you.

And if you still have receipts for what you spent the money on, then save them back just in case.

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Back in 2001 I was able to get two people in some serious trouble from Capitol One for just such a thing. They threatened to turn me into the FBI for credit fraud because I was still using one of my credit cards while not paying theirs. Why I wasn't paying them was on file and they knew it. It took some doing, but in the end what they did get into trouble and my dispute with CO resulted in some positive out comes.

Keep records of all calls, who called, when they called, and what they said. Even keep a copy of the number that comes up on your caller ID. If they do leave a message, keep that too.

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