How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 111472
Experience:  Attorney experienced in commercial litigation.
10285032
Type Your Consumer Protection Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

My ex husband made a very serious... My ex husband made a

Customer Question

My ex husband made a very serious... My ex husband made a very serious claim... My ex husband made a very serious claim yesterday that I used his credit card and account to try and make a purchase of an Ipad. I did try to buy an ipad yesterday, but I used
my account of which his name has never been attached to. This was verified by paypal today. I am converne at this accusation and have twice asked my ex to provide the proof that I did this. Which he has jot responded to. He did however email his attorney the
email where he accuses me of trying to make the purchase. What rights do I hvae to the information he says he received that I trid to use his account? I am concerned about this accusation and concerned about identity theft.
Submitted: 1 year ago.
Category: Consumer Protection Law
Customer: replied 1 year ago.
Jus to add my ex and I have been divorced for 6 years, but stayed together until last year. Currently the house in on the market. He has been treatening to sue me to reopen and negotiate new divorce terms for about that long. He forwarded this message to his attorney.
Customer: replied 1 year ago.
Als I requested the details of this accusation three times the third time I ccd his attorney. If he is telling the truth regarding a real purchase attempt then I am concerned about Identity theft. Neither has answered the email.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You can simply end this issue by sending a letter to his attorney with a copy of the proof attached and tell the attorney that you never used the card and you are attaching proof and that continued making of defamatory per se statements against you would lead you to take civil action against your ex and you are demanding he cease and desist the comments immediately.

If he continues, then you can file a separate suit against him for defamation for accusing you of theft and fraud.

Send this as a regular letter to his attorney with a copy of your proof attached. Then if the comments continue to third parties by your ex you can sue him for damages for defamation per se.

Customer: replied 1 year ago.
I want his proof. Why isnt he obligated to provide it?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

He is not obligated to provide proof unless he goes into court and there is a court action. That is why I told you to tell them his comments were defamation per se. He does not have to give you proof unless the matter goes to court, but he also cannot continue to make defamatory statements against you.

Customer: replied 1 year ago.
if I do not respond to it?
Customer: replied 1 year ago.
To them... I have already responded to Apple.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

You need to at least send them a cease and desist letter telling them it is not true and attaching your proof to his attorney, this way if he keeps it up you have a basis to show he knew the statements were false and get a money judgment against him for defamation.

Customer: replied 1 year ago.
Ugh... I really do not want to interact at all. If I just drop it to them and act in good faith by reporting it as identity theft why do I have to further telling him not to do it again! Would that go against me if he tries to use this in any suit he may file?
Customer: replied 1 year ago.
Ergo. I can assume he has lied, and worse knows when I order things, which means either Apple paypal my current ipad or the Internet has compromised my security, or someone else has and used it in an identity theft where they stole his credit card info....
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

You do not have to interact with him at all. Send it to his attorney to put him on notice. AS far as Apple or Paypal, you need to change the passwords on those accounts so he cannot enter them.

Customer: replied 1 year ago.
I have changed everything. As far as Apple goes it was a new account. PayPal all changed and the email changed too. Still uncomfortable as he also emailed me a copy of an email from blue seal from over a year ago when I purchased hay from them this past week... I used a cell phone and a different credit card to make that purchase. Not sure how he is getting so much info.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

I do not know how he is getting the info either, but that is why you need to send the letter to his attorney.

Customer: replied 1 year ago.
This is what he forwarded which was about four days after I purchased hay from them, over the phone. He forwarded it out of the blue for no reason. And I used the phone to call in the delivery order. I asked them last year to take his info off my account there which they did
Expert:  Law Educator, Esq. replied 1 year ago.

That is a fidelity investment page

Customer: replied 1 year ago.
ther is nothing more that I can do to further protect myself from what ever he is attempting to do with out contacting either of them further?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

Unless you get your phone and computer checked to see if he installed some type of spy program on them, which would mean taking them to a local computer expert, I have no idea how else to protect yourself more than we discussed.

Customer: replied 1 year ago.
Ok but by telling me someone has used his credit card in my name, he has just told me my identity has been stolen. This is a very serious crime as I understand it, and should be reported to the federal government. So he is not obligated to provide information that might lead to the arrest of such? It would seem he becomes an accessory to that crime if he with hold this information? http://www.justice.gov/criminal-fraud/identity-theft/identity-theft-and-identity-fraud
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

He is saying you committed fraud, that is what he is telling you. It is you who is saying someone stole your identity. It is your word against his. He is doing this to accuse you of fraud and he is doing it to get you upset.

Customer: replied 1 year ago.
No. Since it was not me, which I can prove, he just informed me that my identity has been stolen.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

Then he would have to turn the information over to the police if you report the identity theft to the police. He does not have to turn it over to you, but would have to turn it over if the police investigate and compel him to do so. I still have the feeling he is just doing this to upset you as part of his control over you because of the other things you have said above.

Customer: replied 1 year ago.
It is not my word against his. Either he lied or my identity was stolen. Either way that is not my word against his. If he is correct and someone using the name Melissa DeGelleke tried to use his card, THEN My identity WAS stolen. At this point it is reasonable for me to beleive and act on that.
Customer: replied 1 year ago.
There fore his with holding information makes him an accessory to that identity theft.
Customer: replied 1 year ago.
I do not
Think I am obligated to assume he is lying. Why do you think I should assume that? There are only two options here, he is lying, or my identity was stolen. I
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

I made the assumption because of everything else you said about him above. However, the only way for you to know if he is lying or not is filing a complaint of identity theft with the police and have them investigate.

Customer: replied 1 year ago.
i think he is lying. The coincidence of an identity theif trying to purchase the same thing I did on the same day but using his card seems pretty odd. With that said I have no way of knowing if it is true with out his proof that someone attempted a purchase with his card using my identity.. so it jeopardizes my identity not to pursue a possible identity theft. Does that make sense?
Customer: replied 1 year ago.
Why wouldn't I pursue this with his attorney asking for all the pertinant details so that I may pursue this identity theft?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply. I am sorry for the delay, I was traveling on a client matter and did not have internet access.

Please understand the experts are not employees of this site, they get no credit for spending several days with customers unless customers leave positive feedback. Thank you for understanding.

I told you above I thought he was making things up, but no matter what you need to file your police complaint, let them investigate. Then You need to send the letter to his attorney. Again, he nor his attorney owe you any duty to turn over any information to you if they choose not to do so, there is no law forcing them to do so as I said already above. If you personally want to fight them for the information, you have to sue your ex for defamation of character, as I also said above.