NEED LEGAL ADVICE about FRAUD & possible IDENTITY THEFT ex husband...

[Mima]

My ex-husband of 8 years married a woman with the same first name as me. Her new name is now my old married name. I have since re-married. I am receiving calls and letters from accounts being opened under my new name with my ex's wife's email address and items are being shipped to her and the billing address is being entered as mine. Most recently she ordered a book that was shipped to her and the bill was sent to me. It stated after numerous attempts to reach "me" they are sending bill to collections. When I called them they said that her email address was entered when the account was set up along with her shipping address but that my address and name were used for the billing address. They closed the account because I stated that my name was used fraudulently. I have received calls for my former name at my house (under my new married name??) for accounts they haven't paid on and now this letter. I did a credit check and do not see any accounts that are unfamiliar. Is it possible this is a mistake? For some reason I want to give the lady the benefit of doubt, even though she is a home-wrecker. When I think that she has these bills that she just isn't paying on, it makes me question her integrity. ANY advice is MUCH appreciated!!!

[fierrbugg]

I don't have legal advice, perse.  But if I were you, I would definately continue to keep a close eye on my credit.  When your new name and/or billing address is listed on her order - that's not an accident.  That's fraud.  Consult your local police agency.  Identity theft is nasty business and having police reports for these types of complaints can go a long way in getting her fraudulant stuff seperated from you.  Are these places just calling you because of the name/address thing or is she using your social security number too?  if these are recent purchases from online stores - they might not show up on your credit for a while.  At least not until they have been sent to collections.  I might even get a lawyer involved to at least draft a cease and desist letter.  Maybe that will put some fear into her and take the fun out of trying to stick you with the bill for her childish spending sprees.  As an aside what a very sad person to think that doing something like this to you is funny, warranted or ok. 

ETA: I just found this site w/ some info about what you can do:  http://answers.uslegal.com/criminal/16372/

And this from idtheft.gov:  http://www.idtheft.gov/probono/docs/i.%20Table%20of%20Contents.pdf

[weliveintheforest]

Originally Posted by fierrbugg 
When your new name and/or billing address is listed on her order - that's not an accident.  That's fraud.  Consult your local police agency.  Identity theft is nasty business and having police reports for these types of complaints can go a long way in getting her fraudulant stuff seperated from you. 

I agree, she absolutely did it on purpose if she sent the bill to you.  That is scary and I would go to the police.

[Jayray]

Clark Howard was just talking about identity theft the other day on his show and he said definitely file a police report at your local police station.  He said they might give you a hard time about it, but persist until they do it for you!

[GuildJenn]

If you think it might be a mistake, I'd contact her. But given she seems to have put her address for shipping and yours for billing, I'm not sure how it could be just a mistake.

I'm not sure about the US, but in Canada you can put a fraud alert on your credit reports. It makes it a little harder for you to get credit, because then you have to go through steps to prove your identity. But it makes it harder for someone else to.

I would personally do this asap, unless you anticipate that you're going to be applying for a lot of new credit next year. (For example, if you use store credit like one of those 'don't pay until...' things, which I would never advise, but this becomes really hard to get.)

[earthmama369]

Yeah, I really don't see how that could be a mistake. I wouldn't even try to address the issue with her. I'd file a police report pronto.

[luv-my-boys]

Im so sorry this is happening.  But yes I would take this very seriously because frankly this was NOT an accident. And the fact that your ex-has or did have access to information such as your ss# is even more troubling.  For example she has (presumably) some type of photo id with her new married name, your old name, and can easily show her photo id and your SS# and open up credit.   I would immediately take your information that you have received along with the collection letter(s) and make a police report.  Even though they most likely will not do anything it is "proof" in a way that you are claiming fraud in the event that this escalates to more serious fraud or identity theft.  I would also consider having a lawyer draft a letter for you stating that you are aware of the fradulent use of your personal information along with the fact that you have filed a police report.  In this way again you are creating a paper trail...and I truly hope that you do not need this later on.

We had an incident a few yrs ago where are information was stolen and fraudulently used.  We ended up seeking legal advice from a lawyer who (sadly) specialized in identity theft/fraud.  The main things he had us do was to create a paper trail for each and every incident.  Most credit companies/banks/creditors require some type of proof other than your word that this is fraud and really how do you prove that you didnt create the fraud in the first place.  A police report is generally accepted and is better than nothing in a lot of respects.

Also contact the credit agencies (equifax,transunion, ?) they each have a program that allows you to "lock" your credit.  In essence you create a unique password combination that is required prior to anyone accessing your credit.  For example someone walks into a bank to get a credit card, the bank calls the credit agency, the agency will then contact you and require that you give them that password/id #  and verify that you are indeed granting permission for bank x to get your credit info. As long as you dont share that password/id # it will help to "lock" your credit info which is needed for things like credit cards, bank accts, lines of credit.  They each charge a fee but from what I remember it was all less than $100 for all three which in our case gave us a little peace of mind.  So unless you constantly are getting new cars/credit cards or lines of credit it really isnt a big hassle.  For example when we got a new car we contact before the credit agencies told them that x bank would be calling and they put a 7 day ok for bank x to inquire on our credit after those 7 days it would require another ok from us.  Go directly thru the agencies themselves I know that there are several companies that do identity theft protection but cost way more.

[JudiAU]

First all call all three credit companies and tell them you suspect some fraud may be going on and the nature of it. The can tighten access to your account. Next call your bank for the same thing. I assume you are not on good terms with your ex? Follow up your phone call with a letter detailing the situation, specific situations or which you are aware, address it to your bank, three credit agencies, and ex's and wife, have it notorized and send it registered mail. At the conclusion of the letter, state that any further phone call/bill you will contact the police and FBI identity crimes bureau. And then do it.

[texmati]

I would at the very least contact your bank-- they will be much less likely to cover id theft etc. There was a girl with the same name as me in my college; and the bank tellers were constantly asking me 'which account' I wanted my money withdrew from. Human oversight could cost you so much money in a scenario like this!

[Mima]

Thank you all SO much for the responses. I have been in touch with the 3 credit bureaus and had the current company with my billing and her shipping address send me an email stating the account was set up as so. Per the advice of my uncle, who is a detective in Chicago, I was going to send her a hard copy and message on facebook and email to cease and desist. She suddenly deleted her account on facebook so I will have to email and send a letter certified to her home address. Does anyone have any ideas on a form letter that I could send? I need help with my legalease (sp?).  MUCH thanks for all of your advice!