Legal Question in Real Estate Law in Wisconsin

Alliant Energy of Madison, WI opened an account for services at an address in my name on Sept. 30 of 2010. I did not live at this address, never contacted Alliant Energy, never signed any forms, and never verbally spoke with anyone from Alliant Energy. The account was open from Sept. 30 - Dec. 27 of 2010. I just found out after switching banks and getting a credit check that I have a collection due from Alliant Energy that was put in Feb. 2011. Is it legal for Alliant Energy to open an account in my name with no verbal or written permission? The representative I spoke with at Alliant stated that they send a letter to the address when somebody else opens the account to verify that I live there. When I stated that I obviously received no letter because I did not live there the representative stated "We send out 1,000's of those letters and most don't get returned, we just assume you live there." Alliant will not close the collection notice and states that I have to fill out pages of paperwork and pay for a police report to resolve this matter. Is this legal or should Alliant be handling this case of my identity be stolen and Alliant misusing my social security number?


Asked on 12/11/11, 5:38 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Essentially, what you are claiming here is that someone stole your identity and opened a credit account(s) in your name without your consent, which is a major felony in the State of WI. Since the one account which you know about here could very well be the "tip of the iceberg," (many more could eventually turn up), you should not hesitate to go to the police and swear out an affidavit of forgery for your own protection, to say nothing of your need to get the erroneous collection off your record. Unless you are willing to do this, most people examining this situation would conclude that you were either a party to the fraudulent account and that the account was opened either by you or with your consent. Filing a police report should not cost you anything, except a very small copying charge to get a duplicate for your file. Attorney responses on this public website are intended only for public educational purposes rather than as legal advice for your specific situation. Responses to your questions therefore do not create an attorney client relationship between us and should not be relied upon for making any important decisions until they have been reconsidered by your private attorney. You are; however, welcome to contact my office in Racine to discuss any additional questions which you may have or to seek private advice intended for you alone. Answers on this website may also contain attorney advertising materials.

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Answered on 12/11/11, 6:47 pm


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