Legal Question in Real Estate Law in California

I live in San Diego, California and I just found out that I am being pursued for stolen property. Apparently someone called a rental place and used my name and phone number to obtain some items. I spoke to the officer handling the case in chula vista,ca and he informed me that if the items aren't returned I would be spending a few weeks in Las Colinas County Jail for women. I did not obtain any of these items nor did I sign a contract nor did I provide my identification or anything to these people. I am currently working with the IRS regarding fraudulent taxes that were filed in my name. Someone has my info and they have been putting it to use. How can I be prosecuted for something that I had no knowledge of because someone else used my name? Is this true? Can I really go to jail for someone calling into a place and using my name and not providing the proper documentation as proof of who (I am) they were? How can they even prove that it was supposedly me. Please help me!!!!!!


Asked on 5/11/10, 5:30 pm

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

This is much better answered in the criminal law section of this site. It is really not a real estate question. That being said, I will tell you that yes, you can go to jail over this if you do not defend it. You need to quickly find and retain a criminal attorney in your area. If you do nothing, you will wind up with some very nasty consequences. If you hire a criminal attorney and defend this, you may well be able to prove that this is not your crime/debt, and clear yourself. This is, however, not something you will be able to do on your own.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

Read more
Answered on 5/17/10, 9:40 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in California