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Steven  K.
Steven K., Family Law Attorney
Category: Family Law
Satisfied Customers: 2332
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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My ex husband made a very serious claim... My ex husband

Customer Question

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: Family Law
Expert:  Steven K. replied 1 year ago.

I need a little more information to respond accurately. First of all, are you currently involved in any legal case with your ex-husband (and if so, what is the nature of that case?) Second, in what state is this? Third, do you know of any way your ex could know about your ipad purchase?

Customer: replied 1 year ago.
I am not involved in a legal case with him, that I know of. He has been threatening to sue me over our divorrce settlement, which was 6 years ago, but we are just recently seperated and have the house on the market. As for knowing when I purchased the ipad, there are only three or four ways he could have known tha, hijacking my emails, hijacking the email accounts, ones of which has been hijacked and I can not access ( i removed it from my paypal account after this occurd) someone at apple forwarded the information, or someone hijacked my identity stole his card info and tried to purchase something at about the same time i did from a local apple store. My ex would not provide me with any more info. I asked twice. wha party is he to identity fraud if someon has stolen my identity and he does not willingly provide the information necessary to follow up on this case?
Customer: replied 1 year ago.
I have spoken atblength with apple. No other purchases were made by me or attempted by me on that day.
Customer: replied 1 year ago.
i am concerned that a. He has lied
B. Someone has stolen my identity and is using it to commit crimea
Customer: replied 1 year ago.
just as bad, how'd id he get the info regarding my ipad purchase? If he is getting that wha else is he getting? Is a purchase like that safe or does his knowing it provide him with the potential to intercept it and sckew with it?
Customer: replied 1 year ago.
Should I be contacting the attorney he forwarded this to and asking him for the info? And asking him if he has filed any kind of suit?
Customer: replied 1 year ago.
I just reemailed him asking himt onprovide the information I cc his attorney and included a request for any pending legal action as I have received nothing.
Customer: replied 1 year ago.
My ex is an attorney.
Expert:  Steven K. replied 1 year ago.

While there is no lawsuit, you can request anything you want, but your ex (or his attorney) can refuse to give you the information. Once a case is filed and pending, you can get that information through a legal process called "Discovery." There are different forms of discovery. Some of them allow you to get answers to questions (Interrogatories) and some allow you to get pieces of evidence (Requests for Production or Subpoenas.) Until then, you cannot compel them to give you information.

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?
Customer: replied 1 year ago.
http://www.justice.gov/criminal-fraud/identity-theft/identity-theft-and-identity-fraud
Expert:  Steven K. replied 1 year ago.

If you report this to law enforcement, law enforcement investigates and law enforcement asks for information from him, he must cooperate as long as he is not incriminating himself. But he does not have to give the information directly to you.

Customer: replied 1 year ago.
what would you suggest doing?
Expert:  Steven K. replied 1 year ago.

Well, I'm not permitted to provide advice or recommendations on this site, but you could report any crime to law enforcement. There's no guarantee they'll open an investigation, but they're a chance. Or you could wait until there's a lawsuit and subpoena the information.