A law firm is claiming that I committed fraud for opening a credit card and stopping to pay after 2 months. (Which I would dispute was just 2 months, fyi.) Has anyone ever heard of being charged with fraud for something like this??
Starting Score: 464 October 2012
@RobertEG wrote:Do you mean that they have filed a civil complaint asserting you fraudulently opened an account, or are they simply threatening to do so?
Fraud is a specific assertion that requries proof of your fraudulent intent.
Simply defaulting after opening an account is not evidence of any intent to defraud.
Bringing a frivolous or harassing action could also subject them to sanctions by the court if they lack any evidence of such fraudulent intent on your part.
I would not be concerned if the only evidence they offer is your subsequent default.
I agree with this, it would be difficult to prove intent. If they have threatened to sue and don't follow through then that in itself is a violation. You may want to reach out for legal advice from a local consumer attorney if they do pursue it.
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