Legal Question in Credit and Debt Law in California

Should I press charges for ID theft if I'm not sure?

I received a bill for a credit card I never applied for. I reported it and had the card balance eliminated and wiped from my credit report, but I want to stop whoever did this from doing it again. I can only think of one person whom I can envision doing this, who did have access to my personal information. However, I have no concrete proof. Should I report this to the police? If it was someone else, could this person sue me for slander for pressing flase charges? I don't want to go to court, I just want to stop this from happening again.


Asked on 8/10/02, 5:36 pm

2 Answers from Attorneys
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Should I press charges for ID theft if I'm not sure?

My sense of it is, that you do not have sufficient evidence for the police to do anything, maybe a very sympathetic department would spend a little time investigating, not chargeing, certainly, but that is unlikely. Anything you report to the police, is privileged. Filing charges, is another thing. There is insufficient evidence for either you or the District Attorney to file charges against anyone, from what you've indicated. Diligence seems to be your best approach, in these days of identity theft.

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Answered on 8/10/02, 9:34 pm
Olivier Long Law Office of Olivier Denier Long

Re: Should I press charges for ID theft if I'm not sure?

Contact the card issuer. Ask for a photocopy of the credit application. Try to compare the signature on the application to the handwriting of your suspect. I agree with Mr. Bardach that a police department is unlikely to do this for. If you do it for yourself, you may succeed in strengthening your suspicion about the identity of the perpetrator. Good luck!

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Answered on 8/12/02, 7:35 am


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