What happens to those charged with ID theft?
I curious because my husbands ex spouse decided she was going to start using his ssn and got a $15,000 loan for a car and maxed out two credit cards. We already went throught the steps of calling everyone and making a police report I just want to know what might happen to her..will she be fined or will she possibly do jail time.....??? its not just the credit company that is the victim it is him as well..sorry i did a lot of talking to the people and the social security office..and it says word for word that
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- i think it depends on the amount... has to be a certain amt to be considered grand theft... and have to have serious proof he didn't approve it that is the major thing about id theft it is hard to prove you weren't ok with it. she may do some time but not major and will probably have to pay it back. hardest part would be to get it off his credit.
- IF she is prosecuted, she could do jail time. But there is a big IF on the prosecution. Apparently, police and prosecutors have more important things to deal with. Since all that will be removed from your husbands credit file, he isn't considered a 'victim' anymore. The credit card companies will back charge the merchants and don't really push for prosecution.
- Probably not. I had an ex-girlfriend run up a bunch of credit cards she opened in my name (with her name on the account). I gave the police her name, address, and phone number - even her e-mail address - and nothing was ever done. I contacted the sheriff and DA in her county, the FBI, the Postmaster General (mail fraud), the Social Security Administration (SSN fraud), and even the Secret Service. The Secret Service was the most interested, believe it or not. But, they said that, in San Diego county, they would only prosecute a credit card fraud operation that took in more than $25,000 (and, in Los Angeles county, the minimum was $50,000). The problem is that your husband is not the victim - the loan companies are. But, they're insured against fraud. So, unless the credit companies file charges of theft against the ex-spouse, no one is going to prosecute the case. There is no complaintant and, therefore, no one to file any charges. Your husband is out his time (lots of it, I know) and inconvenience of clearing those fraudulent accounts out of his credit reports. But, no one stole money from him. So, he's not the victim of a crime. I know that sounds terminally stupid. But, that's the way it works.
- It depends on if the cops and credit card companies do anything. Most of the time nothing happens. You can always sue her for the damages you suffered to your credit report, time, etc.
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