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Credit Card Fraud-Jail-Can she be sued?

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What is the name of your state (only U.S. law)? Iowa

Found out a few months ago a credit card account was opened using my name. Told company the situation and they sent me copies of all the transactions. The account was opened by an ex-girlfriend over 4 years ago. She has not made a payment for almost 2 years and there is a $1950.00 balance. What can this person be charged with? I would think that if someone opens up an account using falsh information and makes several purchases the charge should be pretty serious. I know the company is going to want there money back. Can I sue this person for using my name to open up the account?
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? Iowa

Found out a few months ago a credit card account was opened using my name. Told company the situation and they sent me copies of all the transactions. The account was opened by an ex-girlfriend over 4 years ago. She has not made a payment for almost 2 years and there is a $1950.00 balance. What can this person be charged with? I would think that if someone opens up an account using falsh information and makes several purchases the charge should be pretty serious. I know the company is going to want there money back. Can I sue this person for using my name to open up the account?
You don't need to sue anyone. You need to report this to the police and then call the credit card company and provide them the police report.

If you don't take this action, it will look to the credit card company that you are the card is truly yours.
 
Police report filed

I filed a police report a couple of weeks ago and notified the credit card company. They are in the process of sending all the paperwork to show who opened the account and where all the credit card purchases over the years were made. What a mess. The credit card company knows what the situation is and has been very understanding. When someone is guilty of this type of crime what punishment are they looking at? Aren't we looking at stolen identity along with fraud in this type of case? Thanks.
 

Antigone*

Senior Member
I filed a police report a couple of weeks ago and notified the credit card company. They are in the process of sending all the paperwork to show who opened the account and where all the credit card purchases over the years were made. What a mess. The credit card company knows what the situation is and has been very understanding. When someone is guilty of this type of crime what punishment are they looking at? Aren't we looking at stolen identity along with fraud in this type of case? Thanks.
Yes this is identity theft as well as credit card fraud. Once you have been relieved of the debt you will no longer be the victim (in a monetary sense). The credit card company will bear that burden.

Once you are made whole, you will have nothing to sue over.
 

StephenH

Member
I suspect that the person that committed the identity theft may be subject to jail time. At the very least, if the person who committed the identity theft and fraud is caught they will have a judgment against them for the amount of the fraud, plus penalties, interest, court costs, attorneys fees, and it will not be dischargable in bankruptcy.
 
Talked to the credit card company yesterday

I was talking to them on the phone yesterday because I have not heard from them for weeks. Both the police and I have been waiting on the paperwork from them that show's who opened the account. Now they tell me that they can't find the original application form that would prove who opened the account. I'm just a little ticked off here because this person used my name and I want to get this situation taken care of. Any advice on what I should do next? Thanks!
 

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