I think I messed up - bad

Let's be clear here. You absolutely f*cked up. No doubt about it. Don't ever make this sort of mistake again.

With respect to how this can affect your SO, it depends on how your dispute will be treated.

In most cases, criminal charges can only be pressed by the victim of the crime. Ex: My brother stole a check out of my fiance's checkbook and tried to use it. Even though I am the one who discovered the crime, I could not press charges, because my fiance was the victim--not me--and my fiance was out of the country.

If your identity theft issue is treated in the same way then you have nothing to worry about. Only you can press charges against her and you won't, so that's okay. The biggest problem you will have is that EX won't believe a word you say after this. But then again, they weren't very cooperative to begin with, right?

However, if this is a situation like other crimes where once it's reported, the authorities pick it up and press charges on behalf of "The People" they represent, then you may have turned her over to the executioner.

Think about the Michael Jackson situation where the law has now changed in California and even if the child does not want to testify "The People", represented by the prosecutor, can use whatever previous statements the child made to someone that is REQUIRED to report the incident (doctors, psychologists, nurses, teachers, school officials, etc.) to present the case against Michael WITHOUT further action on the part of the child.

If this is the case, then there's trouble here. Without your cooperation it may difficult to convict her, but even if she's not convicted this will be a major f*cking hassle.

What we need to figure out here is the following:

1. Are signed disputes with the CRAs treated as affidavits when it comes to identity theft ( or anything else for that matter)?
2. Are the CRAs under any obligation to report the matter to the enforcement agency that handles it?
3. Are you at risk for fraud charges of your own because you may have misrepresented the situation to the CRA?
4. Are you at risk for some kind of "false reporting" charge?
5. Can anyone other than YOU press charges against your SO?

 

Shane,

Disregard everything after that sentence please.

Before cnoob decided to be your judge and jury he/she should have bothered to answer their own questions:


[*]Are signed disputes with the CRAs treated as affidavits when it comes to identity theft ( or anything else for that matter)?
[*]Are the CRAs under any obligation to report the matter to the enforcement agency that handles it?
[*]Are you at risk for fraud charges of your own because you may have misrepresented the situation to the CRA?
[*]Are you at risk for some kind of "false reporting" charge?
[*]Can anyone other than YOU press charges against your SO?


Don't give the CRA's authority they don't have, they've taken enough with the new FCRA, and still it isn't this.

Their job is to determine if the information they are reporting, as provided by the furnisher for reporting, is accurate and complete.

It's not yours, is the issue, so it can't be on your report.

Shame on you, cnoob!!!!!!!!

Sassy

 

Sassy,

Where do you get off with the "shame on you" stuff?

I did not pass judgment on Shane. Maybe you should re-read my post.

I simply presented some of the issues that may come up and that he may need to look into. That's the purpose of the board-- to raise issues and draw attention to matters that may be overlooked.

Do YOU know the answers to the questions I've posed? I'm not sure of the answers to those questions, but Shane needs to look into them to be sure that he knows what he's dealing with.

You've swooped in here and told him what he wants to hear, but that may not be best thing for him if he doesn't have the answers to the questions I have listed.

There are many instances where once you bring something to someone else's attention, it is out of your hands. That may be the case here until we know for sure that it is not.

As for my comment about Shane f*cking up... He did. You never send information to a CRA that CONTRADICTS or DILUTES your claim. I think everyone in their right mind with any experience would agree with me.

So, shame on you, Sassy.

 

Shane,

I don't think you should do anything until you know what you're dealing with here. You have to get the answers to those questions so you can make an informed decision as to what to do next. Don't make any assumptions from this point forward.

Much in the same way that when you claim fraud in a dispute you end up with fraud alerts and have to speak with a special department, my biggest worry/question is: If you claim that someone misused your identity to gain credit in your name, are the CRAs required to report the incident to the proper enforcment agency?

And, I think that's your biggest question too, Shane.

With that in mind, does anyone have definitive answers to the questions in my original post?

 

*IF* someone knocks on the door, you can simply state that due to the illegible nature of the materials presented by the CA, *YOU COULD NOT* see whose information was showing on those documents.

If anyone else has equally as difficult time reading any portion of the documentation, then that should be understandable.

You said that the DL was illegible in the photocopy; EX may actually have the same problem trying to make it out, and you may be lucky enough to get them to delete it if they can just make out that it is not YOUR NAME on the DL that the CA provided for validation.

But, chances are that EX will either not accept the dispute at all "PREVIOUSLY VERIFIED" or, will ask the CA for verification, and we know that they'll probably verify it, no matter what.

 

You're just spewing at the keyboard, cnoop!!!!!

ok, I re-read and then you went on to do the same again, another shame on you, and I get off the same place you do, I guess.

You're wrong too, he didn't send anything to the CRA's that contradicted or diluted his claims. So ummmmm, you wanna take that judgment somewhere else or you just like cussing with an asterick????

I don't disagree, never claim ID Theft where there is none, it has unintended consequences. I've lengthy and passionate rants on the same, but you are needlessly trying to scare the piss out of someone based on nothing factual.

The answer to all your questions is no.

I provided the links here:
http://www.creditboards.com/phpBB2/viewtopic.php?t=20433&start=15

You can do your own homework, starting with reading the FCRA.

Sassy

 

i really think your worrying over nothing.

if it does come up just state that you didn't realize it was the SO's signature, you just knew it wasn't yours. blame it on consumer stupidity. it had been such a long time that you didn't realize that was what it was.

btw, why did they have a copy of the SO's drivers license? the is a new OCC law for signed agreements that a creditor must obtain a copy of the DL for verification - but why would a hospital need it? itsnot like they could have turned you away if you didn't have insurance.

 

also, come to think of it - can you be held accountable (debt wise) for something the SO signed for if the SO wasn't on the insurance policy? if it was your policy, SO shouldn't have signed for it.

 

"oh i didn't realize what that this was my allergic reaction visit".

play stupid, let it go, and NEVER dispute this collection again - i don't care if it is hurting your score. the less attention you draw to it, i think, the better.

seriously, you have nothing to worry about unless something happens. you are just creating unneeded stress. if something happens, THEN deal with it, but for now, kick back and let it go.

 

After all of these posts, no one has answered the question:

Are CRAs required to report incidents of possible identity fraud to some law enforcment agency?

I don't think a passive attitude is the way to go here. A passive attitude will lead to a reactive strategy and reactive strategies are not always as good as preventive or proactive strategies.

If you wait for someone to knock on the door you'll be under the gun as to how to respond.

 

ok, i will answer the question. No, it is up to the creditor or consumer to report it to the law enforcement officials. CRA's are only furnishers of information. that is why when you are a victim of identity theft you are advised to file a police report.

 

Shane,

I really would not worry about this!

This is NOT FRAUD.

Your wife signed paperwork, as instructed by the hospital administration, on your behalf, during an emergency room visit. Spouses, significant others, do this all the time for their loved ones. Happens all the time.

Fraud involves an intentional lie/misrepresentation to usually gain something of value. A spouse signing paperwork for another in an EMERGENCY room, when the other spouse is generally incapable of completing the paperwork themselves, is NOT FRAUD, but routine and usually necessary.

Nobody, assuming they had the authority, would touch either you or your wife for FRAUD in this situation......it would be ridiculous.

You made a good faith dispute to the CRA's based upon information you had available at the time. It turns out, you later discovered your spouse signed on your behalf.........so what? It is not fraud, spouses routinely sign for others in emergency rooms.

 

I answered.

And provided the links where you can find the answer yourself, you didn't bother clicking, eh?

Sassy