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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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My husband of 14 years and I are going through a divorce in

Customer Question

My husband of 14 years and I are going through a divorce in VA. 4 years ago I opened up two credit cards in his name without his permission. Since then they came out in the open about a year ago and balance is $0. My husband is threatening me to have me arrested for fraud even though he has known about them and the cards are in his possesion. Can he do this??
Submitted: 5 months ago.
Category: Family Law
Expert:  Samuel II replied 5 months ago.

Hello

This is Samuel. Let me review the VA law on this matter and I will respond here shortly. Thanks for your patience. In the meantime, please note that I do not participate in any phone call offers generated by this website and we will continue here.

Thank you.

Expert:  Samuel II replied 5 months ago.

If your husband was aware of the cards and he did not do anything 4 years ago, then he is not going to be able to file criminal charges now. Because there is no balance it would be considered credit card fraud which is a class 1 misdemeanor. And so the statute of limitations to prosecute a class 1 is one year from the date of discovery. Now, if he was not aware of the cards at the time you opened them and he is only now discovering this, yes, he could bring charges.

Expert:  Samuel II replied 5 months ago.

However, if you did not destroy his credit rating and there are no balances, I suggest a District Attorney may be reluctant to prosecute because you were married.

Expert:  Samuel II replied 5 months ago.

And the DA usually will take a pass on prosecution and let it play out in divorce court.

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