identity theft?

Hi,

Is the card in the ex-wife's name only, or both?

If in both of their names: I don't know about identity theft, but it is most likely fraud. He may wish to file a police report, but it may be tough - or near impossible - to prove that the account wasn't opened with him exactly as she says, assuming this account is in both of their names. But I would think that she would have been required to report that he was no longer her husband, as that would have changed the information on her account.

Maybe someone can clarify that....

chrys

the credit card is under his name and was activated by her after the divorce. the way he found out it was being used its because she stopped paying it and the collect started calling his cell phone. so she can go to jail for fraud?

I would file a police report and press charges immediately. If she loses in court, they can make her pay it back by attaching her wages, if necessary. But as far as jail time, that is up to the judge (or jury, should she so choose). It would be easy to prove that she activated it fraudulently. The hardest part is proving that he didn't know and had nothing to do with it.

My advice is to run, don't walk, to the police station and file an identity theft and a fraud report. Run, don't walk, to small claims court. It's the best place to start, filing fees are inexpensive.

chrys

If the credit card is not in her name, she is in no way responsible for the debt and her credit report will not reflect it. Now since the credit card is in the name your husband, the debt will get reflected in his credit report and will affect his score and the creditors will call him up for the debt. Your husband should immediately call up the credit card company and deactivate the credit card account. Then as Chrys said, he should file a police report. However, as far as I know, it is not the case of identity theft.

Sounds like IDT to me. File the police report and go to www.ftc.gov click on the IDT link and follow the steps on the page.

Hi,

Yes, according to the Fair Credit Reporting Act: "The term 'identity theft' means a fraud committed using the identifying information of another person" [15 U.S.C. ?? 1681a(q)(3)] Since she was pretending to be him, making charges in his name (again, pretending to be him), that is most definitely identity theft. AND fraud.

Good luck, and keep us posted!

chrys