Can a husband prosecute a wife with credit card fraud if she opened a account in his name without his knowledge?

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Can a husband prosecute a wife with credit card fraud if she opened a account in his name without his knowledge?

I opened a credit card account in my husband’s name without his knowledge. Can he put me in jail for credit card fraud?

Asked on November 14, 2011 under Criminal Law, South Carolina

Answers:

Lyle Johnson / Lyle W. Johnson Attorney at Law

Answered 12 years ago | Contributor

First he cannot put you in jail.  His only course of action is to report this to the police or credit card company.  Whether or not the police or credit card company will investigate and proceed with crimininal chareges will depend upon the facts of your case. Two of the factors that will be important are: 1. When was the credit card obtaine.  If it was obtained shortly before separation that would increase the possibility.  2.  How much much did you charge on the card, and what did you purchase with the card.  You should consult with an attorney with experience in criminal law. 


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