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  1. #1
    Join Date
    May 2007
    Posts
    4

    Default False Accusation Of Identity Theft

    I live on Staten Island N.Y. Here is the basic information on the situation. In December 2005 I asked my ex-boyfriend to co-sign a loan for me which he agreed to do. We did it online so the application has no actual signatures on it. Everything was fine and I was paying off the loan (it was for 3,000) until about January 2006 when I was fired from my job. I did try to negotiate the loan with the creditor to settle for a lesser amount but I never heard back from them. Apparently they started going after my ex for the full amount. About 2 weeks ago I was called in to talk to detectives. Apparently my ex filed a police report claiming I stole his identity and opened a loan for 5,000 without his permission. I was told because this was a felony an arrest had to be made (I was first told it was a Class C felony then I was told it was a Class E felony, does anyone know which one it is?) but because of a disability special arraignments are being made for me to turn myself in on Wednesday. I know it was wrong to default on a loan with someone else’s name associated to it but I would think this is a civil matter. I also can’t believe the cops would believe I would commit a crime and blatantly attach my name to it (I’m primary and he’s a co-singer/co-applicant) but I know that doesn’t matter to them.

    Anyway I am not looking for free legal advice and I have already called numerous lawyers regarding this and they have quoted 10k and up just to get to the arraignment. Since we don’t have $10 I will be getting a public defender. I am here hoping someone on this forum can guide me to websites/articles about similar cases so I can educate myself. Also if someone actually went through this type of situation can you tell me about you’re experience. I would just like an idea about what to expect since this would be brand new territory for me. Thank you.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: False Accusation Of Identity Theft

    I'm not sure what you would find. It's a run-of-the-mill "swearing contest" - he said, she said - and absent a confession of "I lied" by the accuser, those normally come down to what the jury (or judge, in a bench trial) believes at the end of the trial.

  3. #3
    Join Date
    May 2007
    Posts
    4

    Default Re: False Accusation Of Identity Theft

    UPDATE.....I was released ROR (no bail) and have to appear in court on July 18. Most of the charges (forgery & grand larceny) were dismissed except Identity theft in the first degree (class D felony). The ADA, my public defender, and even the arresting officer all claim that they will call my ex and ask him to drop the charges if I agree to finish paying the loan. While in custody however I heard several stories similar to mine. One woman was being charged with the same thing by her husband (they are going thru a bad divorce). Another had the same charge by her ex-husband and his new wife (they are in a nasty custody battle). I guess the moral of these stories (granted some could be guilty but if not) is to be careful about allowing someone to co-sign for you (even your own husband/wife). My new husband and I wanted to get a new car (mainly for me) but since with my credit the interest rate is high and I don't want him on the loan we'll have to wait. Hope this helps anyone who is facing the same situation.

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