ID Theft / Forgery / Statute Of Limitations

Identity theft and fraud related topics.

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ID Theft / Forgery / Statute Of Limitations

Postby Roxy on August 1st, 2008, 11:22 pm

My ex-husband filled out and was granted 2 credit cards in my name, the first one 2 years after our divorce and the 2nd 4 years after our divorce. The Assistant DA is telling me that the first card which was obtained in 03 may be pass the statute of limitations to be able to press charge against him. She did press charges for the one in 05. The way I understand everything I've read about it, is that the statute of limitations begins at the time of default or at the time the last payment was recieved but still holding a balance. Both of the cards were still usable in 07, therefor wouldn't the statute of limitations begin then and not at the time they were granted the cards. The Ass. DA says thats only in the case of the person themselves defaulting and not in Identity theft. And couldn't i also press charges for forgery and use of another persons credit card. or is identity theft enough to get him behind bars?
Roxy
 

Re: ID Theft / Forgery / Statute Of Limitations

Postby loke on August 1st, 2008, 11:24 pm

If your ex opened the accounts without your permission and forged your signature, that is fraud; no matter which way you slice it. The date of last activity is would be when the statute would begin in most cases; but I strongly believe that the SOL is completely irrelevent in this case. File a new police report and press charges, place a fraud alert with the 3 credit bureaus then send a identity theft affadavit to the creditors and you have done everything in your power to attempt to prosecute the theif. Follow up with them and make sure the items are not reporting on your credit reports.
loke
 


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