Proving spousal identity theft
Member
Thread Starter
Join Date: Nov 2015
Posts: 635
Proving spousal identity theft
Anyone have experience with this? I'm having such a difficult time. My problem: I agreed to one loan with my STBX a few years ago. At the time, I had no idea he would soon take out 2 more, so I never paid much attention to the name of the loan. He's always handled the bills and collected the mail- it was his "mail-bonding time" when he supposedly met up with all the guys at the mailboxes and chatted. Anyway, I can't for the life of me remember which of these loans was the one I agreed to, and they were all done electronically without a signature.
Have any of you been through this and been able to prove your innocence? All three are in my name, and one company is threatening to take me to court.
Have any of you been through this and been able to prove your innocence? All three are in my name, and one company is threatening to take me to court.
Member
Join Date: Oct 2013
Posts: 51
Hi! Wellllll this is NOT legal advice but I work in this industry and have a feel for how things operate. My suggestions:
Ask the companies for "validation of debt" including the date of each loan. Then you'll know which loan was first.
File police reports for identity theft for the two subsequent loans.
For the fraudulent loans, send a copy of your police report (if possible, not necessary) along with a certified letter to each company stating that your husband is a drug addict and obtained the loans without your knowledge. Say you are "disputing the debt" and use the words "fraud" and "identity theft." Ask them to produce the original application with your signature (even though you know they were obtained online). In your letters, be brief, apologetic, and non-combative. Include your phone number and invite them to call you with questions.
Never tell them where you work or bank. Don't make any payments.
Request that the court make him responsible for the loans in your divorce decree, and include that info in your letter if possible.
Call the law firm representing the loan company, and request to speak directly to an attorney. Explain your situation calmly and politely.
If you're served, file an answer stating any/all the above info ASAP. Then call the attorney as mentioned above.
Or, do any of these steps that you are able to do.
Basically it's really hard to prove spousal identity theft (and it won't matter anyway in a community property state). And if the loan originators deem the debts valid, assigning the loans to him in the divorce won't technically help, since the lender wasn't a party to the divorce decree. They'll say "fine, you pay us, then sue your ex in civil court."
But taking the steps above may sway the lender or representative attorney that this is a complicated, ambiguous hassle that's not worth their time. You're just a name on a spreadsheet of tens of thousands of delinquent loans and these companies go after the low hanging fruit.
Again, this is all my personal opinion based on my own experience with similar situations.. Laws vary by state and all these companies have different internal policies.
Good luck! =)
Ask the companies for "validation of debt" including the date of each loan. Then you'll know which loan was first.
File police reports for identity theft for the two subsequent loans.
For the fraudulent loans, send a copy of your police report (if possible, not necessary) along with a certified letter to each company stating that your husband is a drug addict and obtained the loans without your knowledge. Say you are "disputing the debt" and use the words "fraud" and "identity theft." Ask them to produce the original application with your signature (even though you know they were obtained online). In your letters, be brief, apologetic, and non-combative. Include your phone number and invite them to call you with questions.
Never tell them where you work or bank. Don't make any payments.
Request that the court make him responsible for the loans in your divorce decree, and include that info in your letter if possible.
Call the law firm representing the loan company, and request to speak directly to an attorney. Explain your situation calmly and politely.
If you're served, file an answer stating any/all the above info ASAP. Then call the attorney as mentioned above.
Or, do any of these steps that you are able to do.
Basically it's really hard to prove spousal identity theft (and it won't matter anyway in a community property state). And if the loan originators deem the debts valid, assigning the loans to him in the divorce won't technically help, since the lender wasn't a party to the divorce decree. They'll say "fine, you pay us, then sue your ex in civil court."
But taking the steps above may sway the lender or representative attorney that this is a complicated, ambiguous hassle that's not worth their time. You're just a name on a spreadsheet of tens of thousands of delinquent loans and these companies go after the low hanging fruit.
Again, this is all my personal opinion based on my own experience with similar situations.. Laws vary by state and all these companies have different internal policies.
Good luck! =)
Nature Girl
Join Date: Mar 2002
Location: By The Lake
Posts: 60,328
I think you need to get legal advice, the sooner the better. Not just for these loans but for future loans that may be taken out in your name.
There are probably dates when each loan began, if you only agreed to one then it was probably the earliest one.
Good luck dear, you may want to check bank accounts, credit cards and anything else he may have used in your name. A lawyer will tell you the best way to stop this right now.
Hugs
There are probably dates when each loan began, if you only agreed to one then it was probably the earliest one.
Good luck dear, you may want to check bank accounts, credit cards and anything else he may have used in your name. A lawyer will tell you the best way to stop this right now.
Hugs
Member
Thread Starter
Join Date: Nov 2015
Posts: 635
Thank you both.
I do have a lawyer, but right now she's more concerned with custody and visitation (as am I). She seems to think we'll get to the finance issues later, but when people are calling me threatening to take me to court- I start feeling like, hey, maybe I should get on this right now!
I had filed a police report when my STBX drained my bank account (while a restraining order was in effect). I also explained to the officer that at least 2 of these loans were fraudulent. It wasn't until after he left that I read the little red card he gave me- all it said on it was "possible violation of restraining order". I called to follow up several times, and the last I heard it was in the DA's office, but the detective assigned to the case seemed to think it wouldn't be going anywhere.
The loans happened one after another, so the dates are all so similar, and so are the amounts.
I do have a lawyer, but right now she's more concerned with custody and visitation (as am I). She seems to think we'll get to the finance issues later, but when people are calling me threatening to take me to court- I start feeling like, hey, maybe I should get on this right now!
I had filed a police report when my STBX drained my bank account (while a restraining order was in effect). I also explained to the officer that at least 2 of these loans were fraudulent. It wasn't until after he left that I read the little red card he gave me- all it said on it was "possible violation of restraining order". I called to follow up several times, and the last I heard it was in the DA's office, but the detective assigned to the case seemed to think it wouldn't be going anywhere.
The loans happened one after another, so the dates are all so similar, and so are the amounts.
Member
Join Date: Feb 2013
Location: W Washington
Posts: 11,589
just speculating, but i too think this will be hard to prove....esp when done electronically and without signature. and the thing is, the loan company(s) could really give a rip.....they want their money. that is not to say you might have a legal foothold. wishing you good luck!!
Member
Join Date: Nov 2015
Location: East Coast
Posts: 1,235
... taking the steps above may sway the lender or representative attorney that this is a complicated, ambiguous hassle that's not worth their time. You're just a name on a spreadsheet of tens of thousands of delinquent loans and these companies go after the low hanging fruit.
My identity was stolen right around 9/11, and I couldn't even file a police report because I would try to file in NY and they would say the crime happened in NJ, and I would try to file in NJ and they would say the crime happened in NY.
I managed to talk my way out of six out of the seven credit cards issued in my name, but one kept hounding me because they couldn't get the police report. Collection agencies would occasionally call me, but after the first call they never bothered. I just told them based on my current credit record, was I the type to let this card go bust? I pointed out the loans and cards that I _DID_ pay. I would then say I was keeping record of this conversation, the date, time, and what not, and could they please send me their contact information so I could send them a registered letter confirming this conversation? The agents on the other end of the line would get slightly confused because this wasn't usually part of the script.
I'd then send the letter, and I would never hear from them again.
It also helped that I contacted all three credit agencies and put out a fraud alert. For a time, I also paid for a service that contacted me every time somebody ran a credit check or applied for a loan.
https://help.equifax.com/app/answers...-a-fraud-alert
Member
Join Date: Mar 2016
Location: NC
Posts: 662
The reason your lawyer isn't pouncing on these threats is because these companies always claim to "be taking you to court" it is a scare tactic. I am not saying not to follow all the advice above but I am just saying you can breathe chancing that they actually will follow through is not high.
Just an opinion and from experience with not paying different loans, credit cards etc. and the threats I am others I know have received and nothing has ever happened to any of us except they keep lowering the amount of money you have to pay to settle it.
Just an opinion and from experience with not paying different loans, credit cards etc. and the threats I am others I know have received and nothing has ever happened to any of us except they keep lowering the amount of money you have to pay to settle it.
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