How long after a credit card is stolen can it be reported?

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How long after a credit card is stolen can it be reported?

My mom stole my credit card. It’s been over 2 years since it happened. My credit card was actually stolen and when I reported it, the replacement went to my old address (at my mom’s house). She used it without my knowledge and put me into nearly $4k debt. When I found out, she promised to repay it along with any new purchases until I graduated college, so I wouldn’t file for fraud. She’s barely been making the minimum payments and it’s such a burden on me. She’s already filed bankruptcy for her own outstanding debt. I want to know what would happen to her if I reported it, and if I still have time to do so.

Asked on October 30, 2010 under Criminal Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It is probably too late. Here is the problem:  the credit card company is going to think that you were in some type of collusion with your Mother.  To the credit card company it was received by you without a problem otherwise you would have reported its non -receipt 2 years ago.  Fist thing that I would do is to cancel the card.  Then I would see if your Mother would sign some sort of note (a legal note not a short letter) that states that she will repay the debt to you.  This way you can file it as against her property, etc., to insure it is repaid some time.  Then I would try and take out a small loan to pay it off completely and then have her repay you as per the note monthly.  Otherwise, you take her to court and get a judgement (but that would depend on the stage of the bankruptcy). Good luck.


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