Teenager on an ILLEGAL spending spree

[PR24]

What is the name of your state?IL

I'm not sure if I am posting in the right place or not but here goes. First off this has to do with small business and a teenager who spent $300 dollars worth using her mothers credit card without her permission.

The client of my sisters Nail Spa spent over $300 dollars worth of services within 2 months time. The client was a 16 year old girl who mostly called in her mothers credit card before she came in, to be charged. Sometimes she would come in with the credit card and sign her mothers name.

The 16 year old girl told my sister that her mother gave her the credit card to use. She even had her mother drop her off a few times.

Anyway the mother of the girl came in today saying she wants all the charges reversed because she did not authorized these charges. my sister is more than willing to give her the money back because she feels its her fault for not asking for ID and to verify all the info like she should have.

My question is what can we do to recover the money back since services were done? Could be press charges on the daughter or mother since she is under aged? The little girl did forge her mothers signature on a few ocassions. Could we take her and her mother to small claims court?

Any help would be greatly appreciated. Thanks!

PR24

 

[FarmerJ]

since the child was allowed to sign the card purchase slip rather than forcing mom to come in and do it . there really is no way to go after mom and daughter in small claims court since the daughter cannot legally enter into any sort of binding agreements for services . I have no idea what the police would be interested in doing about it either since likely there are worse things going on to take there time up . Look at it this way 300.00 was a expensive lesson that will cause the business to create a new policy . like requiring all credit card purchasers to show a Id when signing the slip and any who are minors must have a parent come in and prepay a invoice listing exactly what will be done on it so there are no changes in what the child wishes to have done VS what the parent is willing to pay for . so its very clear that when the parent wont be staying with the child during the service performed that only what is pre paid for can be done . Or simply just refusing services to minors who are alone .

 

[PR24]

I figured this was the case. The only problem my sister has is that she found out that this little girl has done the same thing to over nailshops before. This is not the first incident that this kid has ripped people off like that. The worse part is her mom knows about it but doesnt do anything about it but goes to the shops and collect her money back.

Is there a way to take the mother to court since her child is under aged? Doesn't she have any responsibility in this at all? Is there a way we can press charges on the girl? I would hate to let someone like this go free without being taught a lesson. The only lesson she learned is that she is a minor so she can get away with things and that is not good.

 

[BelizeBreeze]

Sorry Farmer but I have to disagree.

Tell your sister to go to the police station and file credit card fraud charges against the child adding the mother as a third-party. If the child has done this before, then the mother is legally knowledable (she got and paid the bills) and can therefore be held liable.

Then file a complaint with the credit card company and attach a copy of your complaint (police report).

A minor CAN legally enter into a contract which is valid on it's face. The only difference between a minor and an adult in entering a contract is that the minor has a right of recission which is not the case here.

If the police will do nothing about this then don't refund the money. Tell mommy dearest that if she really wants to sue you in small claims court, you will be more than happy to have a representative of the credit card company submit a record of her billing for the last 12 months to prove a pattern of abuse and knowledge.

 

[PR24]

Wow. Now that is what I wanted to hear. I think that is what I will do first thing Monday morning. I could not believe that just because someone is underage that they should get away with it. Thank you so much for the advice.

 

[BelizeBreeze]

Wow. Now that is what I wanted to hear. I think that is what I will do first thing Monday morning. I could not believe that just because someone is underage that they should get away with it. Thank you so much for the advice.

Under the Illinois Revised Statutes § 720 ILCS 5/17-3. Forgery, the minor can be charged with Forgery of a credit instrument for signing her mother's name without permission (as the mother has claimed). This is a class 3 felony which requires only that ' A bank credit card sales draft is on its face complete, creates a legal obligation, and is sufficient to support an indictment for forgery. People v. Reynolds, 85 Ill. App. 3d 549, 40 Ill. Dec. 833, 407 N.E.2d 64 (5 Dist. 1980). '

Your situation sounds like one of two scenarios:

1. The mother has no idea (she would have to be an idiot) that this is occurring and will either protect her daughter or let her face the charges, or;

2. does know this is occurring and is a willing participant (she has knowledge due to the bills being sent to her) and can be charged as an accomplice.

In either case, file the police report and, if possible, give the police the name of the other businesses this child has pulled this scam on.

Take the credit card receipts with you but make a copy before handing it over to the police. Then let them handle it. As farmer told you, they may do nothing, however, once you have filed the complaint, send it, along with the receipt, to the credit card company and file a separate complaint with them.

DO NOT speak with the parent any longer. If she insists on calling tell her only that you have filed a complaint with the police and she is to speak with them from this point forward.