Originally Posted by Tailgate
I need some additional advice regarding her credit card debt . She has 12k in cc debt (don't ask me how, but I suspect it has everything to do with my worthless nephew who lives next door to her).
I used to do fraud investigation, including stolen/forged credit cards. First, contact the cc company and get back statements to give you an idea of what items were purchased. Does she still have physical possession of the credit card? If not, contact the cc company and let them know so they can close that one and send another, or simply close the card to new charges.
Do you have power of attorney? If not, you're probably going to need it so try to get that taken care of.
Legally, even if the charges were forged she is still on the hook for anything more than 60 days old. But if you come to find out that the nephew took the card, went shopping, and then returned it he may be eligible for criminal forgery charges. This may entice him to pay up. If not you have a hard family decision to make. I've seen it go both ways, some will press charges, some won't. More often than not the judge will make restitution part of the sentence. If you even suspect forgery make a police report of it now. Depending on how well staffed and trained they are they are they should be able to follow up on this. Where I worked stuff like that was followed up routinely.
Time is of the essence here because if there are recent forged charges the 60-day clock is ticking and security camera video is not kept forever. Most businesses do not keep it for more than a few months.
However, if he simply convinced her to buy stuff for him then she is obligated to pay the bill.