Legal Question in Criminal Law in California

Re: legally separated from wife who keeps getting credit in my name

This is a very common problem and there are steps you can take to protect your self. First, stop the bleeding.

Pull your credit report to find out the full extent of the damage. Each of the three major credit reporting agencies, Experian, Equifax and Trans Union is required to provide you with a free report once a year.

Request that a freeze be placed on your credit reports. This will assure that when a new application is made, you will be contacted personally to approve any extension of credit in your name.

You will need to contact each company where she opened accounts to report the fraud. They will want you to file a police report before they begin an investigation.

Be ready for a long drawn out process to get your name cleared. First, you will need to convince them that you are not scamming. Then you will have to make sure that your reports are cleaned up. While federal and state laws require accurate reporting, the remedies are weak.

The Office of Controller of the Currency regulates federally chartered banks. The OCC has jurisdiction to take action against banks that violate consumer protection laws. But don't hold your breath. The fox is guarding the hen house.

You may seek a restraining order in the family court. If one has already been issued, you could ask the court to hold your ex in contempt. You may also seek reimbursement for your loss from her share of community property or as an offset to spousal support if she's entitled to that.

These are general ideas about how to deal with this. But there is no substitute for consultation with an attorney who can explore options and give you advice tailored to your particular needs.

This is a complicated scenario with financial and emotional considerations that need to be explored fully. It's even more complicated where children are involved. What's right for you will depend on your personal values, your stake in the relationship given that you filed for legal separation rather than divorce, and a host of other concerns only you can identify. Talk to a lawyer so that you understand the ramifications of the choices you will make.