Your mom has no recourse if your sister decides to ask law enforcement to investigate. However, as the payments were made, and no one was injured, law enforcement may simply sweep the matter under the rug, because of the lack of resources available to prosecute this sort of victimless action.
Hope this helps.
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what would be the worst thing that could happen to her if she was persistent with this issue of prosecuting her, she is 86 young and had never been in trouble her whole life. She said that even though she reaffirmed this debt thru bankruptcy that since it was tied to a Bankruptcy that they could make the bankrutpsy all null and void Please advise. thanks
The chance that a U.S. Attorney would prosecute an 86 year old woman for this is practically nil. Putting her in jail would kill her. No jury would convict.
It's legally possible for the bankruptcy to be set aside/voided for fraud, but I doubt that, too, because no one was injured.
so it would not be worth their time to prosecute since no one was injured and her bankruptcy should be fine correct? and if she needs to hire a lawyer in the future for this mess what kind of lawyer should she hire? Please advise. thanks
If it's the bankruptcy court that's considering vacating the discharge order, then she needs a bankruptcy attorney, who has experience with litigation. A lot of bankruptcy attorneys won't litigate. They just want to push the debtor through the system and get paid ASAP.
If it's the U.S. Attorney, then your mother would be arrested, and she would need a criminal defense attorney with federal court experience.
what are the chances that the us attorney would prosecute for something that did not have no injury? I would think they would not even spend their time on this. and is this considered a forgery charge and what is the statue of limitations on this is the state of michigan?
Statute of limitations for this sort of federal crime is generally 5 years from the date that the petition was filed.
Foregery and/or perjury are possible charges.
As for "chances," that would be pure speculation on my part.
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