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ok I just found out that it was never my hubbys signature for that loan of 8,500 it was his moms that took his identity and got that loan under his name, should we sue her?

social security services are calling us tomorrow, what should I expect? we really want to get a lawyer or something to make her pay for what she did, she got that loan under my husbands social since aug 2006 without us evening knowing. Where can I find those lawyers in my city that wont charge unless we win the battle? I wish they would make her pay the bank and us for doning such thing and for her to get arrested atleast some years, now that would be a dream come true :D

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Anonymous

Asked by Anonymous at 11:49 AM on Jan. 15, 2009 in Relationships

Answers (18)
  • Yes you should sue. She is your MIL, but she needs to learn that what she did was wrong, and if you don't do anything about it she will just keep on doing it.
    CarolynBarnett

    Answer by CarolynBarnett at 11:51 AM on Jan. 15, 2009

  • You can usually find contingency lawyers in your phone book and yes you should definitely sue her.
    micrespo

    Answer by micrespo at 11:52 AM on Jan. 15, 2009

  • Thanks for the answers...Yeah thats what I tell my husband, if we don't sue her shes just going to keep on doing it, he's got to let her know not to miss with his identity anymore by taking serious action so she can stop doing such fraud. But if we sue her what happens to her, do they make her pay us and the bank ?
    Anonymous

    Answer by Anonymous at 11:58 AM on Jan. 15, 2009

  • It depends on what you sue for. You can sue for her to pay back the bank, or you can sue for that and for mental distress, or for messing up your husbands credit and the stress that has caused, or whatever.

    I myself would sue for for the bank to be paid back and get a court order to have that crap removed off of hubby's credit report NOW, and send that to all 3 major credit bureaus (Experion, TransUnion, and Equifax). instead of letting them take their sweet ass time removing it as they so often do.
    CarolynBarnett

    Answer by CarolynBarnett at 12:02 PM on Jan. 15, 2009

  • Oh, and she may or may not go to jail for fraud...I think that part depends on if you press charges against her (different than suing) But pressing charges may help with the suing, so that they judge has the proof in his hands....but I am not sure. That would be something to consult a lawyer about.
    CarolynBarnett

    Answer by CarolynBarnett at 12:03 PM on Jan. 15, 2009

  • Holy Crap! I know it's a little harsh, but if my mother stole my identity (which is what this is in the eyes of the law), I might have her butt locked up. But yes, definitely, without a doubt, pursue her legally. She should not only pay the note, but the piper as well.... and thinking about it..... I'd go after the entity that loaned the money without confirming her identity or the identity of the social security number she used. OMG I hate when good people get screwed! So sorry this happened.
    PaceMyself

    Answer by PaceMyself at 12:04 PM on Jan. 15, 2009

  • Here is the reality, you can sue her. You would win if you have proof. Sounds like you do. But you can't actually physically make her pay. She could even be court ordered to pay for your lawyer fees. Again can't make her pay. That would mean taking her back to court again. So in the end all you would be awarded is a court order saying you are right and a bunch of legal bills. BUT you can have her arrested. If she is charged and found guilty: she would most likely to be ordered to pay you back or go to jail. You would have the proof that you need in the form of a verdict that you are not legally responsible for this loan. You would be able to have it removed, with a lot work, from ruining your credit. So if this were me, I would talk to the district attorney's office about how to move forward and have MIL charged.

    frogdawg

    Answer by frogdawg at 12:07 PM on Jan. 15, 2009

  • Most people (me included) don't sign up for the stolden identity protection. I know someone that had a inlaw that worked at a bank that used their names/information more than once to "borrow" money (without their knowledge) and they didn't press charges or anything because they're family. I don't know what I'd do because I've never been in that position but if I were your whole family I'd sign up for the stolen identity protection to make sure she doesn't do it again and that no one else does. The idea is sounding better and better to me after reading your post.
    lisa_ann_p

    Answer by lisa_ann_p at 12:16 PM on Jan. 15, 2009

  • lisa ann p: my mil did work at that bank where she got that loan from without authorization and how weird how last year all of a sudden she stopped working there and left to another bank, her excuse was that the economy made her lose her position, but i'm thinking she probably got fired for fraud.
    Anonymous

    Answer by Anonymous at 12:26 PM on Jan. 15, 2009

  • If you prove the debt was fraud you will not be obligated to it. You can have it removed from your credit - no problem. Even if she doesn't pay it back - thats the bank's problem. THEY will go after her for the debt, if needed. Contact the company that the loan is through - most have an "identity theft" packet for you to fill out -- it will ask for an affidavit from you stating that you (Or your husband in this case) did not take out this loan, it may ask for you to file a police report and give them the report number, usually it will ask if you know or suspect who DID get this loan in your name. I worked in skip tracking and collections for 7+ years, it was a fairly painless process. The bottom line is a company cannot hold you accountable for a debt that you (your husband) did NOT authorize. THEY take a risk when extending credit that they have validated the correct person applied for the loan. Good luck!
    Serafyna

    Answer by Serafyna at 12:43 PM on Jan. 15, 2009

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