State of South Carolina.
In 1999, my identity was used by my wife (now ex-wife) to purchase a boat.
I knew that she had financed a portion of the boat because she told me, which I said was fine and the note was paid out of a joint account. What I was not aware of at the time, was that she had used my information (in conjunction with hers) to qualify for the loan (it was a birthday present for me).
We were divorced in 2008 and during the proceedings, she claimed full ownership of the boat since it was in her name and she purchased it (scads of emails to back that up). Not really caring about the boat, I didn't argue it. In March of 2009, a credit card company told me they were cancelling my account due to a repossession of a recreational vehicle. The agent gave me the information and I contacted the bank, who subsequently told me the loan was also in my name. I contacted my ex-wife and she immediately contacted the bank and paid off the loan. I indicated to her in a letter that if the loan were paid in full and the negative information was pulled from my credit file, I would consider the matter closed. She sent me a letter indicating the loan was taken care of.
A few weeks ago, I was trying to refinance my house and was denied because of the repossession being reported. I contacted the bank yet again, and they told me even thought the loan was paid, the boat still went into collection/repo and that would stay on my credit report. I explained the situation and was told I needed to file an affidavit of fraud and a police report. They would start the process at that point of having the information removed.
I filed the affidavit with the FTC and tried to file the police report where I live in Georgia. I was told they would not investigate since the boat was purchased in SC and that I would need to file the report there. So I did.
Since I don't live in the area, the Seneca SC Police Department took the police report over the phone. I asked a copy be sent to me so that I could send it to the bank and begin having that taken off my credit report.
The Police Report was very brief, stating how long I had been married and that I knew very little about the events surrounding the purchase of the boat.
The detective assigned to the case called and asked me a few questions. He called back and asked when we got married. I said 2001 and he said that didn't match up with the police report that said we were married for 11 years and and divorced in 2008. I said correct, sorry, was thinking about my daughters birthday which is in a couple of weeks and thats where that number came from. He told me he was having trouble because he couldn't believe me etc. and that he probably wouldn't be able to help me.
The next phone call I get from the detective several days later, is that he pulled my divorce decree and spoke to my ex wifes attorney. The detective said the attorney told him that my ex got the boat in the divorce and faxed him a copy of the decree. I agreed that was the case, but that didn't change the fact she used my information to buy the boat and has maintained all along (until I found out about it last year) that she did so. I told him this was not about who got the boat, but the fact I needed to get my name off the loan and this was the process I was instructed to follow.
The detective told me that I was a liar, she got the boat in the divorce and I was just pissed off, and that he had just signed a warrant for my arrest for filing a false police report and when would I be turning myself in.
My question?
Everything I told the detective was true (except the date we got married which I amended). The police report was vague at best, but got the point across about the her using my information to buy the boat.
What are grounds he is using for filing the warrant?
If he is basing his warrant on the police report, I didn't have a chance to review the report (or sign it), is that legal? I would have included more information at the time I filed the report, but that wasn't an option and I believed it still got the point across.
Any input is greatly appreciated, and yes, I will be needing a GOOD criminal attorney for SC.
In 1999, my identity was used by my wife (now ex-wife) to purchase a boat.
I knew that she had financed a portion of the boat because she told me, which I said was fine and the note was paid out of a joint account. What I was not aware of at the time, was that she had used my information (in conjunction with hers) to qualify for the loan (it was a birthday present for me).
We were divorced in 2008 and during the proceedings, she claimed full ownership of the boat since it was in her name and she purchased it (scads of emails to back that up). Not really caring about the boat, I didn't argue it. In March of 2009, a credit card company told me they were cancelling my account due to a repossession of a recreational vehicle. The agent gave me the information and I contacted the bank, who subsequently told me the loan was also in my name. I contacted my ex-wife and she immediately contacted the bank and paid off the loan. I indicated to her in a letter that if the loan were paid in full and the negative information was pulled from my credit file, I would consider the matter closed. She sent me a letter indicating the loan was taken care of.
A few weeks ago, I was trying to refinance my house and was denied because of the repossession being reported. I contacted the bank yet again, and they told me even thought the loan was paid, the boat still went into collection/repo and that would stay on my credit report. I explained the situation and was told I needed to file an affidavit of fraud and a police report. They would start the process at that point of having the information removed.
I filed the affidavit with the FTC and tried to file the police report where I live in Georgia. I was told they would not investigate since the boat was purchased in SC and that I would need to file the report there. So I did.
Since I don't live in the area, the Seneca SC Police Department took the police report over the phone. I asked a copy be sent to me so that I could send it to the bank and begin having that taken off my credit report.
The Police Report was very brief, stating how long I had been married and that I knew very little about the events surrounding the purchase of the boat.
The detective assigned to the case called and asked me a few questions. He called back and asked when we got married. I said 2001 and he said that didn't match up with the police report that said we were married for 11 years and and divorced in 2008. I said correct, sorry, was thinking about my daughters birthday which is in a couple of weeks and thats where that number came from. He told me he was having trouble because he couldn't believe me etc. and that he probably wouldn't be able to help me.
The next phone call I get from the detective several days later, is that he pulled my divorce decree and spoke to my ex wifes attorney. The detective said the attorney told him that my ex got the boat in the divorce and faxed him a copy of the decree. I agreed that was the case, but that didn't change the fact she used my information to buy the boat and has maintained all along (until I found out about it last year) that she did so. I told him this was not about who got the boat, but the fact I needed to get my name off the loan and this was the process I was instructed to follow.
The detective told me that I was a liar, she got the boat in the divorce and I was just pissed off, and that he had just signed a warrant for my arrest for filing a false police report and when would I be turning myself in.
My question?
Everything I told the detective was true (except the date we got married which I amended). The police report was vague at best, but got the point across about the her using my information to buy the boat.
What are grounds he is using for filing the warrant?
If he is basing his warrant on the police report, I didn't have a chance to review the report (or sign it), is that legal? I would have included more information at the time I filed the report, but that wasn't an option and I believed it still got the point across.
Any input is greatly appreciated, and yes, I will be needing a GOOD criminal attorney for SC.
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