Criminal Law Questions? Ask a Criminal Lawyer.
I am sorry to hear of this unfortunate situation for your Dad. You have a criminal situation in that she has stolen from your Father.
I suggest you will want to have your Dad consider filing theft charges with the police on the credit cards and also the stolen vehicles. He also should consider calling the credit card folks and telling them he needs their assistance
as he is filing criminal charges against her for theft.
If he does not file the criminal charges, then the credit card folks will hold him responsible because there is no way to show them that he did not authorize her use of the card
Yes very sad! Credit card company said they can't do anything about it since she is family
As I said, they will intervene but he must file the criminal charges against her
He won't do that, then the credit card company will not have any recourse.
If he won't do that, then the credit card company will not have any recourse
Can he report car stolen since he co-signed and even though maybe her name is XXXXX XXXXX title, my dad is main signature since his credit was used
He should call the police and file reports
He is the main person on the title and did not give her permission to use the vehicle
What about her taking his info and applying for loans via the internet to try and get cash
If he does not file police reports, he can't get any help
Again, a crime. That is ID theft.
I can understand his being hesitant in filing against his own daughter
But it will be the only way to get help with this matter. They are crimes.
Ok another problem is, is that she might have taken off to florida knowing that they don't extridite to Illinois. That is why she ended up in Florida to begin with.
Who said there would not be an extradition? That is not the case.
If he files criminal charges, they will put a warrant out and Florida will pick her up, probably on a traffic stop
Every state will extradite on felony charges.
Over the years this is prob like the 12 or 13th time she has done this to him, he is done and ready to press charges
is a wise man
She obviously needs help with her substance abusr
and to get that, it means hard core, tough love.
So if he files the charges, a warrant is issued and then she gets a traffic stop, this felony warrant appears
She is arrested and brought back to Illinois
She had warrants out for felony charges years ago for writing bad checks or something like that and she took off to florida because they wouldn't extridte her and was stopped by police on a reg traffic charge and they contacted Illinois and they didn't have her sent up
In other words, unless there is an address for her, they won't hunt her down
Was it a warrant? Or an outstanding summons?
Because all states will extradite on felony warrants. She can fight the extradition.
What does that mean? unless there is address they won't hunt her down
If you have an address for her, they will go get her.
Well i believe it was a warrant but could've been a few years old
But if you have no address, it would have to come from a traffic stop. They are not going to go out and find her, with no address to go to
I see. Yes, sometimes, if there is an outstanding warrant they will not extradite but then that warrant would still be active
No no address if she is in Florida than she is prob in a tent or shelter
in case she would return to Illinois and someone calls the police on her while there
But driving a stolen car
But if car was reported stolen and they ran the plates they would know that way
Yes, that is correct
And they would stop her
and see the warrant and arrest her and bring her back.
but doesn't after like 7 years those charges are no longer there? She came back to Illinois after 7 years and was pulled over and went to court and it was thrown out because it was to old or something like that
Well, it can happen that way after many years.
But she did have to go to court to have the warrant recalled and charges dropped
and that would have been based on your Father saying ok let's drop those charges
If he would have held stedfast they would not have dropped them
On the credit card info, she was living with my dad and my dad had her pay a bill, she used computer to pay it and saved info and that is how she had his credit card info, so he can press charges on that even though she might try and say that he gave her info
That is correct. He gave it to her for one specific reason
Not to grant her permission to use it
No those charges didn't have to do with my father, that was random charges as to where she went around and wrote bad checks to pay for stuff
You said on the credit card info
Oh, you've jumped back to the dismissal of the check charges
I see. Yes, well it is up to the victim.
Maybe after 7 years, they were no longer around.
The botXXXXX XXXXXne is, if your Father does not want to be responsible for the credit card debt, he must file criminal charges
Ok so he can press charges on car since he is the main signer and can press charges on credit card theft and can also press charges on the id theft of using his info to apply via the internet for loans in his name
Yes, he can
And they will investigate it all
If he does not file police reports on these crimes he has no recourse
If you have further questions, you may post them here and I will continue to assist. Otherwise, even if you have a JA Subscription, Please ACCEPT my answer as that is the only way I get credit for my time and information. Thank you
I appreciate this very much and thank you for your time, and glad you helped me out because when my sister sent her that text message saying to return the car, and my other sister responded by saying "don't you threaten me because my name is XXXXX XXXXX title and on insurance" i think that scared my father into thinking nothing could be done because she could be on the title but like i told him it doesn;t matter because without you signing it there would be no loan and because of that it is your car
And his name is XXXXX XXXXX title and also he never gave her permission to drive it this time.
You're welcome and I hope it all works out for your family
Excatly, and funny thing is she didn't put one dime into it and couldn;'t even pay for gas or anything for it and yet just believes that, that is her car. I told my dad that he is handling it way better than i would be, doing everything in the world for her and then being disrespected like that
Yes, once again thank you, XXXXX XXXXX helped. can i print this out or do i just need to save this on my computer to be able to let my father read this?
Once you accept this chat, it will convert to a Q&A formatr
and you can print from there. If you have problems, you can [email protected]
and they will help you with the printing of the post
I hit accept but doesnt seem to show it went thru,,, let me try again.