Legal Question in Credit and Debt Law in Arkansas

Identity Theft Help

I am a victim of identity theft. A past employer that I left 5 years ago, who has access to my vital information, has used my name to open and access three mobile phone accounts with Cingular. Apparently, the employer has been receiving information/bills from Cingular at his address and paying them without my knowledge or consent.

I only found out about this when a collection agency contacted me about a past due bill. The employer stopped paying the account and now there is a huge bill that include cancellation and late fees. I believe the employer has been using the phones for quite awhile before he stopped paying and cancelled. The CA sent me copies of past statements, all of which has his address on them and possible activity with his home/business numbers. One of the three cell numbers even has his name on it, but the entire account is in my name.

My question is... what can I do now? The collection agency is coming after me for the bill. Should I confront the employer and try to get him to pay the bill? Somehow I don't think he will agree. Or should I file a report with the police and get him arrested? Or should I file a complaint with the employer and sue him in small claims court? The bill is $900.


Asked on 4/13/04, 9:22 am

1 Answer from Attorneys
Harvey Harris Harris Law Firm

Re: Identity Theft Help

I would contact the police and tell them what happened. Then get a copy of the police report and take that to Cingular and, if necessary, send it to the collection agency with a letter explaining your situation. Ask Cingular to fix the collection agency problem for you. They would be the ones that turned it in and they could get rid of it.

Otherwise, you can only sue for the $900.00 if you have actually paid it, not before you pay it. If you have any damages caused by this identity theft, you may want to contact a lawyer to consider other legal action against this person.

The one thing I would not do is contact the person who caused this. I don't think that would help any. If you ever contact him directly, I would do it through a lawyer.

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Answered on 4/13/04, 10:32 am


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