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Family Matters:  Need some legal advice...  |
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catscharm74
True Blue Farmgirl
4687 Posts
Heather
Texas
USA
4687 Posts |
 Posted - Dec 16 2008 : 3:51:08 PM
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Ok, don't get excited, I didn't do anything wrong.  (Not yet!!!) 
This concerns hubby's ex-wife. We had to do another credit check for Scott to transfer over to the Army and yet again, the ex has used hubby's social security number, name and birthdate to secure credit. Now, excuse me if I am wrong, isn't that illegal??? We get questioned each time because she is a credit jumper, never paying, skipping out on leases, not using the medical coverage that is 100% for Scott's "other son", covered by the military but she won't go get the kid his ID, so he can't be covered and they live in a different part of Texas and the child is sole custody of her.(Truth be told, the kid is not his, but Scott adopted him, so in the eyes of Texas, it is all legal. We could run a paternity, but not worth the hassle.) We pay child support and had to deal with her on another occasion with a car issue again costing us. If we didn't pay one child support check, Scott would be in jail. So I believe what she is doing with the CC's to be illegal and I don't want it to mess up our credit, for the day when we go to purchase a house or something. What do all ya'll think? Suggestions??? I want this ex off my back for good.   
I should add we have lost contact with her, we don't know where the kid is (we do know he dropped out of school but nothing further) and whenever we move, we send registerd mail to notify her and the state and the last 2 times, her letter came back as undeliverable.
Heather
Yee-Haw, I am a cowgirl!!!
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Edited by - catscharm74 on Dec 16 2008 3:52:40 PM |
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Alee
True Blue Farmgirl
22941 Posts
Alee
Worland
Wy
USA
22941 Posts |
Posted - Dec 16 2008 : 4:07:10 PM
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Heather- First of all this is just my opinion- but I would run a paternity test if the risk is that Scott could go to jail! Plus I know you guys could probably use the money to pay of legitimate debts or even sock it away for a house!
Second- yes! That is very very very illegal. It is fraud and identify theft. Get a free credit report (you can get 2 per year) https://www.annualcreditreport.com/cra/index.jsp
When you see an illegitimate credit request or heavens forbid an actual line of credit, see who it is from and call both the reporting agency (equifax, experion or transunion) and also call the company who issued the credit. You will have to file papers and you might have to submit police reports but you REALLY need to do this. Identity theft is huge and sometimes taking care of false credit claims can take a while so you don't want to have to be fixing this right when you really need a loan for a house or something.
This lady needs to be stopped and you are right- she needs to be out of your life once and for all.
Again- just my opinion
Alee
Farmgirl Sister #8
www.awarmheart.com
Please come visit Nora and me on our blog: www.farmgirlalee.blogspot.com
Put your pin on the farmgirl map! www.farmgirlmap.blogspot.com |
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goneriding
True Blue Farmgirl
1599 Posts
Winona
Central Oregon
USA
1599 Posts |
Posted - Dec 16 2008 : 6:52:01 PM
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I would think this is super illegal but the problem, as I see it, is that your hubby has accepted 'credit' for the child support for the kid and judges don't look too kindly on dads then tryng to get out of paying...even if he's not a son. The reasoning is that the kid is supported and *I can't think what it's called!* 'comfortable' with the support and to pull it would cause harm and discomfort to the kid. If your hubs adopted him, then he's the dad unless there is some way to reverse the adoption and good luck on that one!
I think your hubs can go to court for visitation rights and maybe that way you could find where she is. Someone knows where she is cuz she's receiving the support payments.
I don't know exactly the legal aspects but I've read of similar on another board and the people ran up against this stuff.
Winona ;-)
When you lose, don't lose the lesson!!
http://goneriding.wordpress.com/
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catscharm74
True Blue Farmgirl
4687 Posts
Heather
Texas
USA
4687 Posts |
Posted - Dec 17 2008 : 05:06:13 AM
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The whole paternity thing is just a mess. Scott promised NOT to pursue it if she held up her end of the deal, which obviously she didn't. We don't want anything to do with the kid. We honestly tried to be good parents, sending cards and emails and a nice little gift. We even made a road trip with Charlie at 6 months from California to East Texas to see him. We took him out to dinner, stayed in a nicer hotel (he had his own loft w/bathroom) and tried to be a family- no thanks, no nothing. The last straw was when the kid emailed us a week before Christmas and told us he wanted an X Box and they were too poor to afford one. It was Charlie's first Christmas and living on one military paycheck, it just really ticked me off. Haven't heard from him since. When we lost contact, I googled them and found the son putting, let just say weird and inappropriate, videos on the web- he has his own website. When he said "This is my room", That is how we found out they moved, as it was an apartment, not the house they were living in. Scott even recognized the apartment complex. Sad huh???
Then suddenly she calls to say WE are causing stress on the kid and he is in need of therapy because of US- mind you, at the time, his 17 year old sister was pregnant and to say she is an abusive (verbally) person in an understatement (You must understand, I try not to judge anyone, but ex is a woman who is physcho...simple as that) She has since pulled him out of school because she doesn't enforce any rules or make him do anything. Sad to say, but he will be useless in this world unless he gets his act together, which I highly doubt. WE never got a gift or card for Charlie's birth and he forgets his dad at Father's Day and his birthday ( I mean, Scott was born of the Fourth of July, how hard is that!!!)
I just want the whole credit thing to stop. We are good people doing the right thing and we keep getting screwed.
Heather
Yee-Haw, I am a cowgirl!!!
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Edited by - catscharm74 on Dec 17 2008 06:13:11 AM |
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carycamille
True Blue Farmgirl
163 Posts
Camille
Cathlamet
Washington
USA
163 Posts |
Posted - Dec 17 2008 : 07:04:42 AM
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Heather, there is a thing called a credit freeze that you can put on your credit report I believe and this stops any opening of new accounts until you go in and "thaw" it. It's not very expensive, sometimes free and you can "freeze and thaw" as much as you want to. Check out www.clarkhoward.com for more info. He has a talk radio show about how not to get ripped off and save money.
Camille |
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catscharm74
True Blue Farmgirl
4687 Posts
Heather
Texas
USA
4687 Posts |
Posted - Dec 17 2008 : 07:10:21 AM
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Camille- thanks, I will tell hubby!! (((HUGS)))
Heather
Yee-Haw, I am a cowgirl!!!
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shepherdgirl
True Blue Farmgirl
1008 Posts
Tracy
California
USA
1008 Posts |
Posted - Dec 17 2008 : 07:40:01 AM
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How old IS this boy Heather? If it's not his kid, and adopted or NOT, your husband has NO contact with him, pays support etc.... with all that his MOTHER is doing there SHOULD be something you guys can do.
I think Alee had a good idea about contacting the credit check agencies and the credit card companies that issued the credit to that woman. I don't care what ANYONE says! Using another persons SS# for ANY reason IS illegal, no matter WHAT state you might be in!!! Good luck to ya girl. Keep us posted! ~~HUGS~~ Tracy
Life is not measured by the number of breaths we take, but by the moments that take our breath away. ~~ George Carlin |
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catscharm74
True Blue Farmgirl
4687 Posts
Heather
Texas
USA
4687 Posts |
Posted - Dec 17 2008 : 07:44:17 AM
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He is going to be 16 in February. We have to pay child support until he turns 18 or he graduates high school. Looks like 18 is going to be the day.
I normally would let this go, but EVERYTIME we run a credit check, there she is. She has over $20,000 in medical bills and Scott's divorce decree alleviates us of the obligation, but such a pain in the arse.
Heather
Yee-Haw, I am a cowgirl!!!
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LauriP
True Blue Farmgirl
239 Posts
Laurianne
Hertford
North Carolina
USA
239 Posts |
Posted - Dec 17 2008 : 08:23:13 AM
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>> This could be a situation where calling the Department of Social Services is in order. <<
Let them know of the ex's grabbing of the credit "Under False Pretenses" is first and foremost. Second, gather as much information you have about the ex & son moving without notice to not only you, but possibly on account of past due bills that credit card companies are trying to have paid.
Also -- contact the Sheriffs Department, and tho it is going to be difficult, let them know immediately that the son has dropped out of school, and that the mother has done nothing to notify the school district, if that is indeed the case. Tell the Sheriffs Dept. too, about the ex and the credit card applications getting ok'd in her name. This will take a lot of paperwork, not only for you, but also for the Sheriffs Dept. But, in the long run, this is probably the only way to get this woman away from you. And if it entails her spending some time in jail, then that may very well be the case.
This all may sound pretty harsh, but I've worked with a few social service agencies, and to see how families try to manipulate and twist "family ties" is sometimes beyound description. I definetly have you in my thots and prayers, farmgirl!!
Lauri |
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La Patite Ferme
True Blue Farmgirl
623 Posts
Jenn
CA
USA
623 Posts |
Posted - Dec 17 2008 : 09:02:21 AM
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Heather,
Not only is it illegal, I believe it's identity theft. The credit card company should have an identity theft dept you could call and inquire. Your bank might be able to help as well, or at least steer you in the right direction. Or maybe a county or state fraud dept. Just as a side note hubby may want to pull his credit reports and verify all the accounts listed. If any are not one's he has opened he can work that out with the credit reporting company. They maybe able to help also.
I would also suggest calling the credit reporting companies, like Experion, (there's 3)tell them what's happened and have them flag hubby's social security number against new credit accounts being opened. I had to do this years ago when my purse was stolen. And it works. While I was buying my house I got a call saying someone was trying to apply for a home loan using my Social. They called to verify the transactin and the loan. I had to answer all kinds of questions to prove it was ME. I was pleasently surprised that it was still working.
This woman isn't too bright if she doesn't realize she can do jail time for this. Maybe you could have the authorities explain the facts of life to her.
Best of luck sweetie - this can be a long drawn out process with mounds of paperwork, but in the long run it will be worth it to get her out of your hair once and for all. |
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knittingmom
True Blue Farmgirl
665 Posts
AnneMarie
Edmonton
Alberta
Canada
665 Posts |
Posted - Dec 20 2008 : 2:34:56 PM
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You and your husband should probably contact a lawyer ASAP and see what your options are legally. Your husband should also contact credit reporting companies as Jenn suggested.
best of luck.
"There is no foot so small that it cannot leave an imprint on this world" |
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JudyBlueEyes
True Blue Farmgirl
657 Posts
Judith
Spokane
Washington
USA
657 Posts |
Posted - Dec 20 2008 : 5:57:14 PM
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Since your husband is in the military, he should be able to go to the JAG and get free legal advice. Or at the very least, a referral to free legal advice. And YES, you need to call all 3 credit bureaus, Experian.com, TransUnion.com and equifax.com and put a fraud alert on your accounts. This will solve her being able to use his SSN to open accounts, which of course, as has been noted, is illegal. And while you're talking to the JAG, you need to mention this and I would file charges against her. Don't worry that YOU don't know where she is, just open the case and the law will follow through. Believe me, they have ways. And if you don't mind severing ties with the adopted son, then I'd ask if you can waive the child support, or at least put it into a holding account until all this is sorted out. Why have that money going to this thieving _woman_ to do with what she wants,as you can bet it's not going to the child.
Anyhow, good luck. But use the JAG as your first line of defense. That's what they are there for. Good Luck! FarmGirl Hugs, Judy
We come from the earth, we go back to the earth, and in between, we garden! |
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Family Matters: Need some legal advice... |
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Need some legal advice...
