Internet Fraud

My wife's parents stole her credit card 5 years ago, ran up the bill, and refused to pay. My wife refused to pay it also, nor would she press charges against her parents, so the card card went to collections. The statute of limitations had already expirered for credit card bills (in Texas it's only 4 years). However, the collections agency is now saying that since it's a case of credit card fraud, the statute of limitations is "mute". Can the collections agency now sue us, can they sue my in-laws, or can they not sue anyone? My wife will not press charges against her parents, does this matter?

Fraud is certainly exempt from statute of limitations. They will use your statement to determine what is going on. Odds are they will claim your wife and your in-laws conspired to commit the fraud; they might name you as well. If she refused to press charges, it's not stolen; it's fraud.

The collection agency is pulling your leg. Report them to the FDCPA. The sol rules, and the creditor has to be the one to sue, not the collection agency. They can't sue you or the in laws. Your credit report took a beating though. It sits there for 7 years even if past sol. Most creditors won't sue anyone in Texas anyway because of the homestead exemption laws which makes a judgment unenforceable. Also it's a non-garnishment state.

If your wife's parents "stole" her credit card but she did not file any charges then your wife is responsible for any charges on the account. The collection agency is just trying to get the money. They know if it was credit card fraud your wife would not be responsible for it any ways. They can not sue your in-laws because it was not their card. But they might make a case on your wife because she did not file charges on her parents, but refused to pay because they charged it up. However, if they don't and you are sure you are outside of the SOL then they can not sue her either. Just remember the SOL starts from the date of the last delinquency not the date the charges occured or the account was opened.

my question is, did she report he theft on the CC, and since she refused to pay does it show up on her credit profile ( which will be on for 7 years at the min ) I agree if you wife will not press charges then it does sound like both are in a conspiracy and thus committng fraud, since she won't press charges technically she cannot report it as a theft

Let me say this. I wish a fathermucker would run up my credit card and refuse to pay my bill. I would press charges so fast their head would spin. I highly doubt if I were 22 and stole my Dad's credit card and ran up let's say $6,000 AND REFUSED TO PAY that he wouldn't press charges. I would have a rap and would deserve it. What really matters is that you are co-signing your wife's parents bad behavior AND YOUR WIFE'S BAD BEHAVIOR. No one is playing accountable but your FICO is suffering from O.P.P. (other people's problems). The most amazing thing is that YOU are playing HOUSEKEEPER for other people's folly. I would press charges and let the cards fall where they may. And finally, if you have kids, what kind of example are you setting over this whole issue?

Isn't it interesting how people who respond here on Yahoo can't take a few moments to research their answer? Honestly folks, if you don't know, don't respond. Or take 5 minutes (like I did) and do some simple research. Below is the law from the Texas Statues related to fraud and the statute of limitations. Fraud involving debts is 4 years. Remember, collection agents depend on your lack of knowledge in the law to threaten you into paying debts. Send them a cease and desist letter. If they don't like it let them waste their money trying to sue. For now though.....you need to have a very serious talk with your wife. Letting your inlaws rip you off is a no-no....I do not understand why your wife is tolerating it.