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If my husband want sto press charges on his mother for taking his identity how can he do it?

and how does that work, is it that she has to give him a certain amount if not she goes to jail? to press charges do we need a lawyer too or thats only for sueing?

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Asked by Anonymous at 2:39 PM on Feb. 3, 2009 in Politics & Current Events

Answers (19)
  • talk to the police. Also if she took out credit in his name alert those creditors and have them go after her as well.

    Answer by mamakirs at 2:41 PM on Feb. 3, 2009

  • you need to fiule a police report and then she will ce charged with identity theft, then you can sue if she is prosecuted. at least if memory serves thats how it works but i know the police report is the first step.

    Answer by 3_ring_circus_ at 2:42 PM on Feb. 3, 2009

  • He already did the police report, but the detective is trying to contact her and shes been avoiding all his calls. He's been trying to get a hold of he for 2 weeks already.

    Answer by Anonymous at 2:44 PM on Feb. 3, 2009

  • If you take any amount of money to not turn her in, you will be guilty of blackmail and any charges you press against her, it will likely come out, and the case will be damaged, it not destroyed because of it.

    Answer by pagan_mama at 2:50 PM on Feb. 3, 2009

  • pagan mama what do you mean? Then why did the investigator ask me if we wanted to press charges and that he reccommends that.

    Answer by Anonymous at 2:55 PM on Feb. 3, 2009

  • The police press charges, not a lawyer. However, a lawyer is the only thing that might keep you afloat if her creditors start suing you for her debts. This is a criminal matter now, there is no question of her just giving you money to make it go away - and that wouldn't solve your problem anyway, because no matter how much money she gives you, you are still liable for all of those debts.

    Answer by NotPanicking at 3:00 PM on Feb. 3, 2009

  • But what i'm asking is if I press charges on her will she pay us plus all those loans she got money from? that bank she got them from she use to work for she was a loan officer there.

    Answer by Anonymous at 3:03 PM on Feb. 3, 2009

  • If you press charges, and she is convicted, she has to repay all of those debts, and more importantly, they are out of your name. If you have paid any money out or been sued, she has to pay for all of that, too.

    Answer by NotPanicking at 3:20 PM on Feb. 3, 2009

  • How much did she take? You can sue in small claims court in California for up to $7500.00 without an attorney (for example.) Most courts have an advocate that will help you for free with the small cases. Also, call the detective and ask him to explain what happens next-- if they can't find her what recourse does your husband have?

    Finally, that sucks. Your DH has my sympathy.

    Answer by Trixiebelle2 at 4:26 PM on Feb. 3, 2009

  • If you press charges and she is convicted, she MAY be told to pay the debts off. But that is up to the judge and even then, she may not do it even if she's told she has to.

    And yes, talk to the detective. Ask him to explain what you need to do next, how to clear up your husband's credit. Remember, in many ways he is just like a doctor. He deals with this stuff all day, every day, and he may just assume you know and understand these things too. Let him know that you are confused and ask him to explain. Remind him that you are not a detective and have never had to deal with something like this before.

    Answer by kaycee14 at 4:30 PM on Feb. 3, 2009

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