Does my daughter have a fraud or civil case?
Question Details:
My daughter turned 18 in January was a senior in high school living at home with us. Her step-sister lasked my daughter if she could put her electric and gas bills in my daughter's name. Not understanding the consequences, she gave her step-sister her social security number and the bills have not been paid (from the time they were turned on in March until they were shut off in August). The bills total $700.00. The step-sister has made no attempt to pay them and they are now showing up my daughter's credit report as a bad debt.
Criminal Defense Law Answers
There's definitely a civil case for your daughter against her stepsister, for the $700.00.
Fraud might be harder to prove. The legal definition of fraud is a knowing lie, made with the intention of getting the other person to rely on the truth of the lie, and with the person reasonably relying on that lie and suffering a financial loss as a result. The problem, in a case like this, is proving that the stepsister never intended to pay the bills herself, when she talked your daughter into this; it's possible (but not certain) here, because nothing at all was paid.
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