How to Handle Identity Theft Without Filing Charges

My question involves criminal law for the state of: Illinois

Please bear with me on this situation, it's a bit long and sticky, and if you think I'm being neurotic, I am.

My elderly mother opened up a credit card in my name, I do not have any credit cards, only an auto loan, and when the credit card company called my house I answered instead of her (I never answer the house phone). They asked me if I had opened up a card, I at first said no, then gave them my cell phone number to reach me since I was leaving the house. My mom was listened in on the other line and came clean, explaining what had happened, why she had done it, etc etc. My mom has some issues, especially since my dad has passed, and the amount she charged up was $4000. I was really upset for a bit, especially since I have some disorders of my own (anxiety, depression, etc) but I didn't answer when the credit company called my cell phone. I let her explain herself, and forgave her. I am very disappointed, but she has been paying the bills on time, nothing went against my credit and I can easily pay off the card in a few months.

Now, when I finally did call the credit company back, I verified all of my information, told them I had opened the card but they kept asking me "Are you calling in behalf of (my name)?" I kept saying no, that it was myself and asked if they needed more verification. Each time they said no, and that the verification was complete and nothing was wrong, but the lady on the phone in the fraud department kept calling me "Sir" (I have a lower voice for a woman, results of a baby colic, but had NEVER been called sir on the phone). I told them I wanted to close the card (it had only been open about a month ish) and they didn't fight me on it, they closed it right away for me. Now, when I called in I asked for my home phone number to be taken off of the account, and only have my cell phone on there. They obliged, but when I went online and checked with my mother, they had not removed the number, so I removed it myself. I went to check again this morning and it would not let me into my contact information, saying there was an issue and I needed to contact customer service. I contacted them, and they told me the number was still on the account, even after I had asked for them to remove it once and had done it myself once as well.

Now, my question is: Can the credit card company press charges on my mother, or open up a fraud investigation just because they feel it might be just that? Even after all of the information has been verified, such as my address, SS#, the home phone # (which is linked to the address and my residence) the password, I even answered my birth date and security questions they asked about my car loan and where it was from? Even though I am paying the bills and trying to get it down as fast as possible so the account can be in good standing.

I do NOT want to press charges against my mother, while it's not something I am happy she did, she is genuinely sorry, she has never done this before, and has paid for my tuition in college, some debt I incurred, she has paid for my therapy for years and my living expenses. She had a moment of weakness and she is helping pay everything back in full including paying me whatever I pay. But if I do not press charges, and say the card was in my name and everything was authorized, can the credit company still come after my mother for these things? Or report it without my permission or help?

Again, I do apologize if I am looking into things too far, I do have an anxiety problem and I over analyze situations and come to conclusions when they do not need to be. I have talked to two fraud specialists I know personally that are friends, I even called my bank and asked to speak to THEIR fraud department to see if that was a situation. The bank and my friends said this was a case of "Familiar Fraud" and more than 99% sure the CC company wouldn't be coming after my mom for $4000 because it would cost them too much in the long run, especially if they knew I was paying off the money. That they wouldn't want to lose money on everything, and would rather it just be paid with the interest so they get their money on time.

So I want a few more opinions on the matter, maybe some more insight. Thanks to everyone who answers and helps!

First, you're worrying about something that's not likely to happen, so try to keep that in mind when you get answers you don't like.

Quote:

---

Quoting pandagnomes

---

Now, my question is: Can the credit card company press charges on my mother, or open up a fraud investigation just because they feel it might be just that?

---

You have told us that your mother committed a crime. You initially indicated to the credit card company that a crime had occurred. If they believe that's enough information to pass along to a police agency for further investigation and possible charges, they have every right to make the report.

Quote:

---

Quoting pandagnomes

---

Even after all of the information has been verified....

---

Your claiming after-the-fact that you did apply for the card does not erase what happened before.

Quote:

---

Quoting pandagnomes

---

But if I do not press charges, and say the card was in my name and everything was authorized, can the credit company still come after my mother for these things? Or report it without my permission or help?

---

You reported a crime, so they can act on that report. They can do so even though you've changed your story. They don't need your permission.

Quote:

---

Quoting pandagnomes

---

...especially if they knew I was paying off the money.

---

As I suggested up front, I think you friends are on the right track here. If you've taken responsibility for the account and you're paying all of the money owed on the account, the credit card company has little reason or incentive to try to prosecute.

Quote:

---

Quoting Mr. Knowitall

---

First, you're worrying about something that's not likely to happen, so try to keep that in mind when you get answers you don't like.

You have told us that your mother committed a crime. You initially indicated to the credit card company that a crime had occurred. If they believe that's enough information to pass along to a police agency for further investigation and possible charges, they have every right to make the report.

Your claiming after-the-fact that you did apply for the card does not erase what happened before.

You reported a crime, so they can act on that report. They can do so even though you've changed your story. They don't need your permission.

As I suggested up front, I think you friends are on the right track here. If you've taken responsibility for the account and you're paying all of the money owed on the account, the credit card company has little reason or incentive to try to prosecute.

---

Thank you for being upfront and very honest about the situation without just trying to make me feel better. I understand the consequences, but like I said, I have anxiety issues, so I have not been able to sleep over this situation in worrying that police are going to come to my door and arrest my elderly mother. :/