Identity Theft Help

[digi_chii]

What is the name of your state? California

I really need help. I have no idea what to do, I don't even know if I'm posting in the right forum. Anyway, a few months ago I received a collections notice from Edison, the electric company for California. I should not owe this company because I have never opened an account with them. After looking over my credit report I found out there was also an account open with Verizon. Both of these accounts were opened without my knowledge in the year 2000 when I was fifteen by my mother. I did not live with her at the time the accounts were opened nor did I give her permission to use my name and social. Also I realize this is illegal because I was a minor at the time. After talking to the dept collectors they told me to file a report with the police and fax my evidence and police report to the company. I was given time by the companies to talk to family and friends and to sort any issues out at the time. Finally I went to the police department to file my report and the police told me that I don't need to file one. They told me that this is a civil case and I need to go from there. Is this right? Everything I have looked up on identity theft has said that a police report needs to be filed. What do I need to do? I'm at a loss. I'm a college student and I make barely enough to get by so affording any legal aide will be impossible. My credit is terribly messed up and my mother need to pay for what she did. I have followed all the other steps such as alerting the Credit Bureaus and etc now I need to know what I need to do legally. Please advise me on what to do.

 

[BelizeBreeze]

What is the name of your state? California

I really need help. I have no idea what to do, I don't even know if I'm posting in the right forum. Anyway, a few months ago I received a collections notice from Edison, the electric company for California. I should not owe this company because I have never opened an account with them. After looking over my credit report I found out there was also an account open with Verizon. Both of these accounts were opened without my knowledge in the year 2000 when I was fifteen by my mother. I did not live with her at the time the accounts were opened nor did I give her permission to use my name and social. Also I realize this is illegal because I was a minor at the time. After talking to the dept collectors they told me to file a report with the police and fax my evidence and police report to the company. I was given time by the companies to talk to family and friends and to sort any issues out at the time. Finally I went to the police department to file my report and the police told me that I don't need to file one. They told me that this is a civil case and I need to go from there. Is this right? Everything I have looked up on identity theft has said that a police report needs to be filed. What do I need to do? I'm at a loss. I'm a college student and I make barely enough to get by so affording any legal aide will be impossible. My credit is terribly messed up and my mother need to pay for what she did. I have followed all the other steps such as alerting the Credit Bureaus and etc now I need to know what I need to do legally. Please advise me on what to do.

Go back to the police department and ask to speak with the shift spervisor. Tell them that you are there to file a formal complaint for identity theft. If that person will not take the complaint, then contact the District Attorney the next day and file a complaint for identity theft and for the police not taking your complaint.

 

[CdwJava]

igi,

Here are a couple of good links to some information to help you straighten things out:

http://www.privacy.ca.gov/cover/identitytheft.htm

http://www.privacyrights.org/ar/ITLawsCA.htm

Yes, it is generally a crime and it is not civil unless it can be shown that the goods or services were obtained on your behalf.

From CPOLS:

Identity Theft (Pen. Code, § 530.5) Felony or Misdemeanor

"(a) Every person who willfully obtains personal identifying information, as defined in subdivision (b), of another person, and uses that information for any unlawful purpose, including to obtain, or attempt to obtain, credit, goods, services, or medical information in the name of the other person without the consent of that person, is guilty of a public offense."

"Personal identifying information" includes "the name, address, telephone number, health insurance identification number, taxpayer identification number, school identification number, state or federal driver's license number, or identification number, social security number, place of employment, employee identification number, mother's maiden name, demand deposit account number, savings account number, checking account number, PIN (personal identification number) or password, alien registration number, government passport number, date of birth, unique biometric data including fingerprint, facial scan identifiers, voice print, retina or iris image, or other unique physical representation, unique electronic data including identification number, address, or routing code, telecommunication identifying information or access device, information contained in a birth or death certificate, or credit card number of an individual person.” (Pen. Code, § 530.5, subd. (b).)

"Every person who, with the intent to defraud, acquires, transfers, or retains possession of the personal identifying information, as defined in subdivision (b), of another person is guilty of a" misdemeanor. (Pen. Code, § 530.5, subd. (d).)

Note: A higher fine applies if the victim is a person "deployed" for military service outside the state. (Pen. Code, § 530.5, subd. (e).)

Note: Identity theft from an elder or dependent adult is a separate offense under Penal Code section 368.

Go back to the police department and ask to speak to a detective or a supervisor if they do not take the report. While you CAN go to the DA's office to report if the police won't take it, the DA cannot force the police to take a report and cannot act against the police if they refuse to do so. It is likely that whomever you spoke to was not aware of the identity theft laws. Keep in mind that this MIGHT be seen as a civil issue in the long run due to your age at the time and her being your guardian. This might not be seen as an "unlawful" use of the information dependin gon the details. DA's and courts see these differently in some places.

- Carl