Legal Question in Civil Litigation in Massachusetts
using anothers name
My son is in jail.He will be there for at least one year.He is so called involved with a 21 year old (he is 35). I have been told that she is using his name as if they were married.He says he has asked her to marry him but it is so she won't run around on him. She is the one who caused him to go to jail as he was on probation.Is there any law that I can inform her that she is violating so she does not use his name. My fear is she will get credit cards and such and get him into debt without him knowing.
2 Answers from Attorneys
Re: using anothers name
In Massachusetts, a person may use any name he or she wishes so long as it is not for unlawful purposes.
Obtaining credit cards in your son's name might well be illegal under several possible sets of facts.
However, despite being incarcerated, your son seems to be assenting to the situation that leads to -his- risk. I understand that you want to help him, but you cannot do much here without his agreement. He is an adult, even in jail.
You can make sure she stays out of YOUR home and business, but that's about it.
The best you can do is keep your eyes on her. If you develop reasonable suspicions of illegal activity, you can alert the local police. I suspect, though, that if this girl is playing your son, she will be playing people outside as well, and will likely get herself into the view of police on her own.
Re: using anothers name
Unless the name use is for defruding another, it is of little consequence.
If she forges him name, or uses his identity without permission, this is identity theft.
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