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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86628
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am having a rather serious issue. I currently live in florida.

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I am having a rather serious issue. I currently live in florida. I have been married for 10 years in August. I have lived seperately from my wife for 9 years. We have gone through 2 divorces and she has stopped both. In August of 2012 she stopped a divorce we were going through in Georgia and supposedly started in again . She has continuously accessed my personal account. Yesterday she logged on to Sallie Mae to try to access my student loan info and they have that recorded. I dont want monetary compensation except possible court costs but I want her to be held responsible for getting into my private accounts. Is there anything that can be done or is it something i just have to deal with
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. How did she exactly find out your password XXXXX did she know it previously, or, did she "sign on" to the online system that your student loan company uses pretending to be you?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

She signed on pretending she was me at 10:08 and 10:09 pm last night. She added her email address to the website. I found out there was an issue due to 3 emails from Sallie Mae. I called them up and set up an email she does not know about and have the phone calls to retrieve information from Sallie Mae only accessible if I call from my cell phone. Similar issues have gone on like this for years and I have spent many hours trying to resolve this issue. Like I stated, I don't want her fined (except for all court related costs if neccesary, I just want to be left alone. I do not access her information, an I have finally had enough.

Expert:  Ely replied 1 year ago.
Thank you, friend.

What she has done is unacceptable, arguably. You have two ways to seek relief:

CIVIL
Civilly, one may seek a restraining order from her doing this again in family court if there is a standing separation decree already. If not, then this restraining order may be sought as a stand alone, or, as part of one.

Alternatively, one may sue in civil court for invasion of privacy and negligence per se.

INVASION OF PRIVACY includes the following:

-appropriating the plaintiff's identity for the defendant's benefit
-placing the plaintiff in a false light in the public eye
-publicly disclosing private facts about the plaintiff
-unreasonably intruding upon the seclusion or solitude of the plaintiff

Hill v. National Collegiate Athletic Assn., 865 P. 2d 633 - Cal: Supreme Court 1994.

Her actions arguably fall unto the last one.

NEGLIGENCE PER SE
"Negligence per se" is an evidentiary doctrine codified at Evidence Code section 669. Under subdivision (a) of this section, the doctrine creates a presumption of negligence if four elements are established: (1) the defendant violated a statute, ordinance, or regulation of a public entity; (2) the violation proximately caused death or injury to person or property; (3) the death or injury resulted from an occurrence the nature of which the statute, ordinance, or regulation was designed to prevent; and (4) the person suffering the death or the injury to his person or property was one of the class of persons for whose protection the statute, ordinance, or regulation was adopted. (Spates v. Dameron Hosp. Assn. (2003) 114 Cal.App.4th 208, 218, 7 Cal.Rptr.3d 597.)

Punitive damages may be sought under Cal. Civ. Code § 3294(a) for malice and fraud.

CRIMINAL
Under Cal. Penal Code § 502, this can be deemed as illegal hacking - see here. A complaint to the police on their non-emergency line may launch an investigation and she may be criminally charged.

OFTEN, the threat to do EITHER would have her not repeat the action, but, one can seek relief already under either civil or criminal doctrines.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces before submitting the rating, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.

Unfortunately she is not one to take to an honesty or a threat. She does as she wants and plays the victim when her plans fail. My only other issue that goes along with this is that when she started the last divorce in August 2012 she told me I could not speak to or see my kids until it was finalized and not send any child support money until the divorce was over. I have never had a formal child support order or amount in place and in September has demanded money and to throw me in jail and that I still can't see my children or if she does its last moment giving me no reasonable time to make plans. She states this allows her to access my information as she desires and demands $11,000.oo in child support. I have sent money for holidays and school clothes and such though. Does this have any affect or give legitamacy to her outrageous claims?


 

Expert:  Ely replied 1 year ago.
Friend,

Thank you for your follow up.

She states this allows her to access my information

Yes, but via a proper SUBPOENA, not by hacking into your accounts. So she is wrong.

Does this have any affect or give legitamacy to her outrageous claims?

No, the answer stands as is and believe me, no Judge should take this matter lightly.

If threatening does not work, one may then wish to actually SEEK civil/criminal relief here.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86628
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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