Did your son sign your name to the documents or pretend to be you? Did you ever add him to your account?
At this time, I do not know if he signed my name. I cannot see how the store would do this without a signature. The store manager is researching all the paperwork that transpired. He has been very helpful. I hope that he will find something soon. No, I never "added" my son to the phone contract when they were borrowing the phone. In fact, the phone still showed in my wife's name.
I have contacted my son and he won’t send the phone back either. So that is theft too? Thank you
Your son's refusal to return the phone is theft. If your son disposed of the phone you gave him (sold it, traded it in, trashed it, etc) then that would be theft too. Theft of the old phone would probably fall in the venue of his home jurisdiction since he likely did not form the intent to "steal" the phone until he was there. You would prosecute such a matter by simply contacting the police in that area and filing a complaint.
The same is true for any forgery or identity theft that may arise once the cell phone company obtains this paperwork. My guess is that they allowed your son to do this as himself and never checked for authorization. This would mean that you are not liable for anything he signed or did and the cell phone company must go after him for their money.
If he signed your name, or used your identity wrongfully then you should likewise report it to the police for their investigation and filing of criminal charges. Again, the venue and jurisdiction would fall in Michigan in his home town.
I should point out that you are not responsible to the cell phone company for anything your son did. Your son cannot obligate you to a contract with the cell phone company any more than I can. Do not let them fool you into thinking you must pay for something other than the obligation you made yourself.
Please reply if I can help further.
I wanted to correct something I stated earlier. Venue in the potential forgery or identity theft case would fall in the venue where the paperwork was signed. Therefore, if it turns out the paperwork was falsified you would want to contact the police in that district. You could also contact your local police and file a report. They may be willing to coordinate with the Michigan authorities... but if it were me I would want to deal with the Michigan authorities myself.
The fact that your son had no ID does not surprise me. He probably found a trusting clerk or friend that allowed him to do this without identification. We'll see who's name he signed.
Again... please reply if I can help further.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).