Legal Question in Criminal Law in Michigan

I recently ran my credit report and found an entry for June of this year with my married name of over 7 years ago. I map ran the address and found that either my ex-husband or his new wife have applied for credit with my married name at their address and phone number. Isn't that idenity theft and what can I do?


Asked on 8/20/09, 9:21 am

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

One option is to consult with an attorney in private practice to try to get this "un-done" ASAP. Sometimes an attorney's threat of a lawsuit will cause people to clean up a mess quickly. The attorney may also be able to work with the entity that was responsible for the entry on your credit report to correct the error and get this item removed from your credit history. Of course, that will not be free.

Another option is to contact the police agency covering the area where the crime may have happened to investigate this potential identity theft or fraud case. The State Police or county sheriff have authority in the county where your ex-husband lives, but if he's in a community with a local police force you can also contact them. Give them copies of the paperwork you have already pieced together so they have a head start.

There are many possible crimes, depending on what was done with your identifying information, and what the intent was when it was being used. Police would probably have to back track to the financial institution or other entity to get hold of the paperwork filed that eventually resulted in the entry on your credit report.

There's also the issue of proving beyond a reasonable doubt exactly who committed the act (ex-husband vs. his new wife vs. another person).

A couple of possible crimes:

Obtaining, possessing or transferring personally identifying information of another person with the intent to commit identity theft is a maximum 5 yr and/or $25,000 fine felony. Making a false statement in writing regarding his/her identity or the identity of another person with the intent to defraud in procuring the issuance of a financial transaction device (e.g., credit card, debit card) is a maximum 4 yr and/or $5,000 fine felony.

If a criminal charge is issued and it is resolved with anything short of an outright acquittal, you may be able to file for "restitution" as part of the sentence to be repaid your expenses in repairing this issue with your credit history.

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Answered on 8/25/09, 10:00 am


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