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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 16188
Experience:  Licensed Texas General Practice Attorney
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I have a slight issue. I believe that my ex is trying to

Customer Question

Hi, i have a slight issue. I believe that my ex is trying to frame me for identity theft. For some time now he has been trying to get me to give him full custody of our daughter and i have refused. In January of 2014 he bought me a new car and now requests i pay for it or he will send it back. I refuse. I received two tickets in the mail last year around this time and he kept them from me, forcing them to reach into warrants. He agreed to pay for my lawyer and for the tickets but in the end only paid for the lawyer and cancled the ticket payments. Ive asked him numerous times to finish up to his word and he refuses. Now i face warrants again for nonpayment of the tickets. Less then a month after he cancled the ticket payments i received a letter for a credit card to my house in his name. Thought nothing of it, stupidly. (It was opened because i had thought it said my fiancées name. His name also starts with a "D". We open eachothers mail). I then started to think, maybe it was something so i asked my brother in law to keep an eye out in the mail for other letters adressed to my ex. (Someone had told me typically after you get one you'll get more in a few weeks so i was thinking a possibility that more would come.) The other day i get a call from Capital one, looking for my ex, from the fraud department. I never called back. A few days later, in the mail we got a credit card from them. Again, in a rush to run through the mail because i have a 9 month old that can be a handful, i saw the "D", not realizing that its for my ex and not my fiance, and its opened. Come to find out its a credit card that was signed up for and approved, waiting to be activated. Now, my ex lives in a complete different town than i do. I do not have any of his information other than his name and phone number and his actual address. I couldnt have signed up for these. I feel like its identity fraud frame, all in a ruse to get custody of our daughter. I am not sure what to do at all. Im afraid to call capital one and tell them there is a mistake and im afraid to call authoritys. What should i do?
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
Also, should i just destroy the letter and card or return it to the company? If no calls are returned to the company and nothing is faxed in to provide proof of identity, (i had read forums about why the fruad departure called me because they had no reason to, i am very clearly not the person they were looking for. I didnt get much help from those because the calls had been intented for the person who actually signed up for the card. All the forums had said that when the fraud departure calls its just to verify the identy), will the account be closed and i will not have to worry about it any longer? Then after its closed do i call and alert them that someone is sending mail to my address and its not for me?
Expert:  ScottyMacEsq replied 1 year ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. You certainly should call Capital One, and probably call the authorities. The reason is that that would be consistent with what you would do if you were innocent. Keeping it from the credit card company / authorities would make you seem "more guilty" and would be more consistent with someone who was trying to engage in identity theft. So absolutely contact Capital One. There's no doubt that you should do so. Also contact the credit bureaus and "freeze" your credit so that you'll be protected should he try something with yours. Here's a guide on how to do that: http://www.clarkhoward.com/credit-freeze-and-thaw-guide. Contacting the authorities is not as necessary, in that it's not necessarily a "crime". The point is that you can contact them, explain the situation, and then ask what you should do. The reason for this is more about creating a "paper trail", so that you can prove that you really didn't have anything to do with it.

As far as destroying the letter, you should be in contact with Capital One to see what you should do. Document everything that they say (who you talk to, when, etc...) and follow their instructions. If you unknowingly have any accounts open with them, close them (unless you want to keep them open).

If the account was opened in his name, they might change the address rather than close it, but they also might close it if they can't get in contact with him. And you should certainly tell them that someone is sending mail to your address and it's not for you. Again, the reason is more to create a paper trail and show that you took actions that were consistent with being innocent in the matter. If you were trying to "steal his identity" you would not contact the credit report and say that this was a mistake.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 1 year ago.

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