Legal Question in Credit and Debt Law in Massachusetts

id theft by estranged wife

Are utilities (Gas Co) allowed to put service in just because someone has your ssn? Problem: they allowed service a few years ago in my name(not authorized)for soon2b-exwife. I just now found out (it was on my credit report).Even though I sent police reports, proved without a doubt that I never lived there & we were completely estranged starting 3 years prior, they said �Family members put in service at different locations for each other all the time. As long as we show the ssn matches the name, we put it in and don't have to contact you'' later said ''you should have taken better care of your ssn''. Then ''we can't get involved now, this is between you and your spouse'' (when I told her I was going to the police, she also called the gas co & said she would take it, then called AGAIN and said forget it) When I sent the form telling them they have to supply me with all info (in 30days) of how account was opened, they sent me screen shots of their order system. Showed �Mrs� calling in, &my credit info with my REAL address, (different from svc addr) Can they hold me responsible for the large written off bill? All three credit bureaus have removed it as ID Theft & have alerts for 7 years on my acct (followed FTC guidelines on ID thef)


Asked on 7/30/07, 1:02 pm

1 Answer from Attorneys
JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

Re: id theft by estranged wife

If I follow your question correctly, your estranged wife accessed your social security number and used it to purchase goods or services without your authorization. Aside from the criminal issues involved ( see the Identity Theft & Assumption Deterrence Act of 1998, as well as the statutory larceny provisions of the Massachusetts General Laws, Chapter 266, Section 30 et seq.), you may possibly have a myriad of actions against your ex wife including, but not limited to, unjust enrichment, breach of authority, breach of contract, common law fraud, deceit and misrepresentation etc. Further, the Fair Credit Reporting Act allows various remedies which would effectively "cure" any adverse information contained within your credit report. Feel free to contact my office for further information on your specific situation.

Read more
Answered on 8/03/07, 2:14 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Massachusetts