Being accused of identity theft

[dkts'smommie]

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

I'm being accused of identity theft by my ex-mother-in-law. We are having custody issues at the moment. I did not steal her identity. Her first name is the same as mine. So, she's accusing that I used my first name and my old last name to impersonate her. She's stating she's going to the D.A. with evidence. There can be NO evidence, so I don't know exactly what she's planning on bring to them.

This is just one of her last ways to drive me insane. She's done a lot of things in the past. She's taken my child when I had a custody order in which he belonged with me. When I showed up with the cops, she was sitting outside with my son in a playpen. She simply picked him up, and went inside and locked her door. Her husband would pass in front of my house screaming obscenities at me and my mother. She refuses to pick up the phone to allow me to talk to my children. She refuses to allow my children to see me, or to pass on any messages to their father; so I can speak to him. I know that I have to go to court to get the children back, but can I get her for defamation or mental anguish? I really can not take this anymore. I had to leave work, because I was so upset about the identity theft thing. Is there anything I can do, or do I have to keep letting this woman tear me down?

 

[quincy]

When two people share the same name, there is bound to be confusion.

You can think of no time when you may have used this natural confusion to purposely lead another or others to believe you were your ex-mother-in-law?

To whom has your ex-mother-in-law made these accusations of identity theft?

 

[dkts'smommie]

When two people share the same name, there is bound to be confusion.

You can think of no time when you may have used this natural confusion to purposely lead another or others to believe you were your ex-mother-in-law?

To whom has your ex-mother-in-law made these accusations of identity theft?

No, I never, ever used this confusion to lead someone to believe I was her. I haven't even been in her house in over 12 years. She's told me that her credit card company was saying that I would have had to have her SS number. She said, "I've been getting your mail, and I'm tired of you ruining my credit." Now, mind you...my credit sucks. Maybe businesses are getting us two mixed up, but there is no way in hell I would ever pretend to be her.

oh, she hasn't made them to anyone yet. She said Monday she was going to the DA's office. It's constant bullying with this woman. She might not do anything, she might just be trying to drive me insane.

Thanks for trying to help. I just found this forum...luckily.

 

[DAD10]

Well for starters she's not going about it the proper way. Regardless of this since you did nothing illegal-you have nothing to worry about

 

[quincy]

If your ex-mother-in-law is not telling anyone but you that you are impersonating her and ruining her credit, there is little you can do about it legally.

Defamation is the act of injuring a person's reputation through the publication to a third party of a false and defamatory statement. While what your ex-mother-in-law is saying to you is certainly annoying, it would not, without publication to another or others, be legally actionable.

Her statement to you that she intends to "go to the DA with evidence" is probably, likewise, only meant to annoy you. I would not worry about it at this point, especially if you are confident she has no evidence.

And, although damages can be collected on mental anguish claims in Louisiana, the conduct that supports such a claim must be so "outrageous or egregious" as to cause severe mental pain and distress. Your situation does not appear to meet the court's test for being either outrageous or egregious.

You can speak with an attorney in your area and review with him all of the facts, however. In the meantime, because your ex-mother-in-law sounds like a toxic person and she is obviously causing you a great deal of stress, I would avoid her as much as you possibly can.

Good luck.

 

[Antigone*]

If grandma has reason to believe that a crime has been committed against her person, then she has every right to file a police report.

Why does grandma have your children and where is dad?

 

[dkts'smommie]

If grandma has reason to believe that a crime has been committed against her person, then she has every right to file a police report.

Why does grandma have your children and where is dad?

Dad just got out of prison. I allowed the children to spend a long weekend with him right after his release, and I never got my kids back. They also won't answer the phone. Grandmaw lives on the same property as dad.

 

[ariastar]

Then why haven't you called the police to do a stand-by while you pick up the children? It doesn't sound like there's a court order allowing Dad and his mom to hold onto the children. The police will help you enforce the current order, and if they fail to hand over the child, there will be some arrests made.