Legal Question in Credit and Debt Law in Alabama
Identity Theft
I filed for divorce from my wife. After she signed the papers, she got several credit cards in my name (including one for her boyfriend), she got cell phones from 3 different carriers, and turned on her utilities in my name. She has not paid for any of it and I am just now finding out that I cannot get anything. No phone, no electricity, no cell phone, no cable. I was incarcerated at the time that she did this. She told me recently that she just got a Sears card and decorated her entire house with it. SHe advised that a lawyer told her she could do this b/c the divorce was only filed-not final. Is this true? Does she have this right? If so, then don't I have the same legal right to use her credit?
2 Answers from Attorneys
Re: Identity Theft
Married or not, if she used your credit without your permission she has committed identity theft. First, get your credit reports from all three credit bureaus - Experian, Transunion and Equifax. (They are free to you once a year). Look for the recent accounts that she has opened. Then get in touch with those creditors and let them know that these are fraudulent accounts and dispute them and demand they be closed. Because she is a close family member, the creditors usually require that you file a police report. She sould be prosecuted for this crime. Also, I suggest you put a freeze on your credit with all the bureaus. Contact the utility companies and dispute the acccounts as well. The police report should help. Under the facts you present, your wife and the creditors have some civil liability to you.
By the same token, do not utilize her credit withouth permission.
Re: Identity Theft
No one can open accounts in another person's name without permission. If they don't have permission, that's identity theft.
You have some options on how to proceed. You need to find out if this is on your credit reports (I assume it will be)and then you need to dispute it.
Let me know if you would like to discuss this. Email is the best way to reach me. [email protected]
Best of luck
John Watts
www.alabamaconsumer.com
www.alabamaconsumerlawblog.com
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
