Legal Question in Credit and Debt Law in California

Identity Theft

mom opened 2 credit accounts under my name in 2004. apparently she didn't pay the bills and just let them get out of hand, and I just found out a week ago that she did this because i saw my credit score go way down so I did a credit report and led me to this once I made a few phone calls and saw some mail that she was hiding. i was supposed to show at court a month ago but I didn't know because I didn't get the notice or any mail in regards to this matter due to the fact that my mom was trying to hide this from me. Now I am in the process of filing a motion to vacate, but I don't know if I should I love my mom and I really don't want her to go to jail. What should I do?


Asked on 1/13/09, 11:01 am

1 Answer from Attorneys
Joshua Swigart Hyde & Swigart

Re: Identity Theft

If it were me, I would seek to have the judgment vacated and then fight the collection action. I am unclear if your mom opened these accounts without your knowledge or if you were a co-signer. If they were without your permission the law provides certain remedies and protections under the identity theft statutes. One of the requirements is to file a police report. It is unclear what if any action would be taken against your mother.

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Answered on 1/13/09, 12:19 pm


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