What are mine and my husbands rights if your mother-in-law used your social security number and forged your name for two credit cards?

Answer 1

Certainly we have to be sure of our facts. Anytime someone has "someone else's" credit card issued to them and then uses it, it's fraud. But the problem is that only the district attorney can file the complaint with the court. He will (or will not) file based on what the police report says, and also on what findings any subsequent investigation yields. That's the crossroads you're at. Do you file a police report, or do you not? That road has unforseen bends and turns. And once started down, there's no turning back. You're at the point of no return now. If read correctly, the question says that it's your husband's mother who has done this. Gosh, could it be any more complicated? If you've already gotten a bill, then the "deed is done" and you may be stuck paying - unless you press charges and attempt to make the credit card company "eat" the loss. Make no mistake about it, the law has been broken. Have you cancelled the cards? Have you complained to the credit card company and asked why they issued a card with your name on it to someone else? What do they have to say for themselves? And you would be advised to look into ways to prevent a credit card being issued to "you" (meaning some impersonator) without your knowing it. We've seen the ads on TV, and there are ways you can protect yourself in the future. Small claims court is an option in attempting to get her to pay for what she bought. You could win a judgement. But their are limits on what you can press for, and each state sets its own limit. Also, if you win a judgement, can you collect it? Sometimes that is really hard to do. It just seems to get worse, huh. Perhaps consultation with a legal professional is a good option. They're reasonably priced, at least for an initial consult. A bit of change for an attorney might be a wise investment at this point. You're stuck between suing her in some kind of civil action (using an attorney or the small claims venue) or getting the state to take her to task by filing a police report. Arbitration might be possible, but it depends on what kind of person you're pressing a case against. If the person is recalcitrant, how will you force them into negotiation? It would be best if you could open some kind of dialogue before reaching for a legal "bludgeon" of some sort. Can anyone talk to her honestly and act as a mediator? A direct approach and a lot of tact is the best first step. You can always opt to up the ante. But don't take too long. Things need to move forward. If push comes to shove, you don't want to explain filing a police report a year, or even a few months, after the incident. Good luck with this one.