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LawTalk, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 34884
Experience:  I have more than 25 years experience in the legal profession.
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Stolen identity used to make loan and bank is demanding

Customer Question

stolen identity used to make loan and bank is demanding payment
Submitted: 20 days ago.
Category: Consumer Protection Law
Expert:  LawTalk replied 20 days ago.

Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. What do you mean that you unknowing used part of the loan? How is that possible?


Expert:  LawTalk replied 20 days ago.


I won't be able to assist you if you are not able to provide the minimal information I sought clarification on. Please get back to me with this information at your earliest convenience.


Customer: replied 20 days ago.
This loan apparently was joined to another account within the bank that belong to spouse
Expert:  LawTalk replied 20 days ago.


I'm sorry but I'm not understanding what you are trying to tell me. Can you please explain what you mean---tell me the story of what happened as far as you know.

If you hate typing I can call you for an additional charge of $14.


Customer: replied 20 days ago.
We have a unknown person who has stole the identity of one of us and open a loan where we bank. The loan was somehow joined to our existing account
Expert:  LawTalk replied 19 days ago.

Good morning,

I apologize for the delay. By the time you had provided your response I had left my office for the evening.

As I wrote earlier, my goal is to provide you with excellent service. I have been a licensed attorney for more than 3 decades. However, please don't confuse excellent service with a satisfactory outcome based on your wants and desires. I can only explain the law to you---not guarantee that you will be happy with the outcome---any more than a cancer surgeon can guarantee a cure.

Obviously any loans taken out in your name via identity theft are not chargeable against you---because it is the thief who gets the advantage of the loan and not you.

HOWEVER, yours is a very unique situation, and if the loan proceeds of this theft were placed in your own account and you spend some/all of those proceeds, you are legally responsible to pay that money back to the victim of the fraud---in this case the bank.

I know that you will argue that you didn't put the money there, and that when you spent it you thought that it was yours---but that is not a legal excuse under existing law. You are held to a standard requiring you to know what money you should have in your account and if a bank makes an error and deposits money which is not yours into the account, that does not legally give you the right to keep that money. The same thing applies for example, if someone who somehow steals money, thereby committing a crime, and then deposits the money to your account. That is not your money to spend and if you do so, you can be forced to repay the money to the victim of the theft---in this case your bank.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,


Expert:  LawTalk replied 19 days ago.

Good afternoon,

It is possible that your questions and issues might be better served by an in-depth conversation with me. If you are interested, for a very nominal charge I can offer you a private phone conference.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,


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