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Can a debtor face criminal liability for not paying back on a loan

If you use someone credit card two years ago without them know it. but since paid them back can the call the police on you and have you arrested?

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Attorney answers (4)

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Reputation Level 19
If there was a fraud, it is a crime and it is not really a debtor situation, so the "no debtor's jail" theory does not apply.
1 person marked this answer as good
Nicholas Chukwuemeka Okorocha
Nicholas Chukwuemeka Okorocha, licensed in California

Reputation Level 9
The short answer is yes. If it was a crime when it happened it would still be a crime today. There would be a question as the weather the state of ILL. would still go forward with the charges. However, just because you pais the victim back does not make it less of a crime.

The smart thing to do would be to get a criminal attorney in the are where the crime took place and have them talk with the victim. That way you will not be in a position to incriminate yourself anymore than you already have.

This is just my opinion and I am only practicing law in the State of FLorida.

Scot Ggoldberg
1 person marked this answer as good
Alexander M. Ivakhnenko
Alexander M. Ivakhnenko, licensed in Illinois

Reputation Level 9
Each state is different as far as its Statutes of Limitations. For example, in PA, if what you did - and the amount was low enough - was only a Misdemeanor (and not graded as a Felony), then the 2 year Statute would have expired. Although the victim could certainly call the police, they should not be able to prosecute you due to the passage of over 2 years' time. [As a caveat (or exception), keep in mind that, for example, even if you rob a bank and later secretly return the stolen money, you can still be arrested and convicted for the original action that scared/threatened/inconvenienced the bank and its tellers and the detectives, etc.]

Reputation Level 14
That all depends on the circumstances of your acts. Just mere repayment by you of any unlawful credit card use does not remove potential charges of wire fraud, identity theft, embezzlement (if you were in a vested position of trust with that person) and credit card fraud. You need to consult with a defense attorney to examine Statutes of Limitations for those possible crimes and changes of you being charged as above.

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