BROKEN TRUST – Responding to Domestic Identity Theft by Your Spouse
When you get married, your life becomes deeply intertwined with your spouse’s. You share your dreams, your home, and even your most personal information. Trust is the foundation of any marriage, and the thought of that trust being broken by the very person you vowed to spend your life with is unthinkable. Unfortunately, for many, this nightmare becomes a reality when they discover their spouse has committed domestic identity theft.
If you suspect your spouse has stolen your identity, it’s crucial to take immediate action and connect with a California Domestic Identity Theft Lawyer who understands the complexities of these cases. Keep reading to learn more about domestic identity theft and the steps you should take if you find yourself a victim.
What Is Domestic Identity Theft?
Domestic identity theft occurs when someone close to you, typically a spouse or partner, steals your identity for their personal gain. This breach of trust can manifest in several ways, most commonly through unauthorized use of your credit cards, bank accounts, or other financial resources.
Living together naturally means sharing access to sensitive information—passwords, account details, and even your Social Security number. This proximity makes it easier for a spouse to perpetrate identity theft without immediate detection. They may sift through your mail, access your devices, or intercept bills to gather the necessary details.
It’s important to recognize that domestic identity theft often accompanies other forms of abuse, particularly financial abuse. Your partner may feel entitled to your money and credit, leaving you in a precarious financial position. This could sabotage your credit score, making it more difficult for you to secure housing or financial independence, and trapping you in a toxic situation.
How Should I Proceed if My Spouse Stole My Identity?
If you suspect that your spouse has stolen your identity, it’s crucial to act swiftly and decisively. Here’s a step-by-step guide to help you regain control:
Secure Your Accounts: The first and most urgent step is to protect your financial assets. Place a freeze on your bank accounts and credit cards to prevent further unauthorized use. Contact your bank and credit card companies to inform them of the situation.
Contact the Credit Bureaus: Alert the major credit bureaus—Equifax, Experian, and TransUnion—of the identity theft by placing a fraud alert on your credit report. This step will make it more challenging for your spouse to open new accounts in your name.
File a Police Report: Filing a police report is essential, even if the perpetrator is your spouse. While it may feel uncomfortable, this report is a crucial part of the process of reclaiming your identity and protecting yourself legally. It also serves as documentation that you are taking steps to rectify the situation.
Gather Evidence: Collect any evidence that supports your claims of identity theft. This could include unauthorized transactions, bank statements, or communication with creditors. Document every step you take in addressing the theft.
Seek Legal Assistance: Navigating the aftermath of domestic identity theft can be complex and emotionally taxing. Consulting with a knowledgeable attorney who specializes in identity theft cases can help you understand your rights and guide you through the process of recovering your identity and financial standing.
Legal Options for Victims of Domestic Identity Theft
If you’ve fallen victim to domestic identity theft, it’s essential to understand that you have legal recourse to protect yourself and reclaim your identity. Here are the key legal options available:
Filing a Civil Lawsuit:
Claim Damages: You have the right to file a civil lawsuit against your spouse for damages caused by the identity theft. This can include compensation for financial losses, emotional distress, and any legal fees incurred as a result of the theft.
Seek Injunctive Relief: You can request the court to issue an injunction, preventing your spouse from further accessing your financial accounts or personal information.
Obtaining a Restraining Order:
Protective Measures: If your spouse’s actions pose an ongoing threat to your safety or financial security, you can seek a restraining order. This legal order can prohibit your spouse from contacting you, accessing your accounts, or further damaging your credit.
Financial Restraining Order: In some cases, you can specifically request a financial restraining order, which freezes your spouse’s access to joint accounts or other financial resources.
Reporting to Law Enforcement:
Filing a Police Report: As uncomfortable as it may be, filing a police report is a critical step in documenting the crime. This report not only serves as evidence in any legal proceedings but also assists in initiating investigations by law enforcement.
Cooperating with Investigations: Your cooperation with law enforcement can lead to criminal charges against your spouse, which may include fraud, theft, and other related crimes.
Restoring Your Credit:
Work with Credit Bureaus: After reporting the identity theft, work with the major credit bureaus to correct any fraudulent entries on your credit report. You can also place a credit freeze or fraud alert to prevent further damage.
Dispute Fraudulent Charges: You have the right to dispute fraudulent charges with your creditors. Under the Fair Credit Billing Act (FCBA) and the Fair Credit Reporting Act (FCRA), you can challenge unauthorized transactions and have them removed from your accounts.
Legal Separation or Divorce:
Protecting Your Assets: If the identity theft is part of a larger pattern of abuse or deception, you may want to consider legal separation or divorce. Taking this step can help protect your assets and prevent further financial harm.
Division of Debts: In the divorce process, it’s crucial to address the division of any debts incurred through identity theft. A skilled attorney can advocate for your rights, ensuring that you are not held responsible for debts you did not authorize.
Laws That Can Help Victims of Domestic Identity Theft
If you are a victim of domestic identity theft, several federal and state laws can provide protection and avenues for recourse. Understanding some of these laws is essential for taking the right legal action.
California Identity Theft Act (CITA)
Purpose: The California Identity Theft Act (CITA), codified under California Civil Code § 1798.92-1798.97, is a state law specifically designed to help victims of identity theft, including those whose identities were stolen by a spouse or partner.
How It Helps: CITA allows victims to file a civil lawsuit against the perpetrator to recover damages for financial losses and emotional distress. It also provides the right to obtain a court order to clear fraudulent records, such as credit reports, and to seek injunctive relief to prevent further unauthorized use of your identity. The law extends the statute of limitations, giving victims four years from the date they discover the identity theft to take legal action.
Fair Credit Reporting Act (FCRA)
Purpose: The FCRA is a federal law that ensures the accuracy, fairness, and privacy of information in consumer credit reports. It provides consumers with the right to dispute inaccurate or fraudulent information on their credit reports.
How It Helps: Under the FCRA, you can dispute fraudulent accounts or charges on your credit report, and the credit bureaus are required to investigate and correct any inaccuracies. This law also allows you to place fraud alerts and credit freezes on your credit reports to prevent further damage.
Fair Credit Billing Act (FCBA)
Purpose: The FCBA protects consumers from unfair billing practices and unauthorized charges on credit card accounts.
How It Helps: If your spouse has made unauthorized charges on your credit cards, the FCBA allows you to dispute those charges with your credit card issuer. You are not liable for fraudulent charges if you report them promptly.
Identity Theft and Assumption Deterrence Act (ITADA)
Purpose: The Identity Theft and Assumption Deterrence Act (ITADA) is a federal law enacted in 1998 to address the growing problem of identity theft. It made identity theft a federal crime and established penalties for those who use another person’s identity unlawfully.
How It Helps: ITADA makes it a federal offense to knowingly transfer or use, without lawful authority, the identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of federal law or that of any felony under state or local law. Victims can seek restitution for losses, including legal fees and damages, through the criminal justice process, though ITADA does not provide a private right of action for victims to sue the perpetrator directly.
California Penal Code § 530.5
Purpose: California Penal Code Section 530.5 is the state’s primary statute addressing identity theft. It criminalizes the unauthorized use of another person’s personal identifying information.
How It Helps: Under Penal Code 530.5, it is a crime to obtain and use someone else’s personal identifying information (such as a Social Security number, bank account number, or credit card number) without their consent, with the intent to commit fraud or other crimes. This statute can be applied in cases of domestic identity theft, and offenders may face criminal charges, including imprisonment and fines. Victims can also seek restitution as part of the criminal case.
Domestic Violence Protection Act (DVPA)
Purpose: The Domestic Violence Protection Act (DVPA) is a California law that provides protective measures for victims of domestic violence, including various forms of abuse such as physical, emotional, and financial abuse.
How It Helps: DVPA allows victims of domestic violence, including those suffering from financial abuse such as domestic identity theft, to seek restraining orders against the abuser. The restraining order can provide various forms of relief, such as prohibiting contact, restricting access to financial accounts, and granting temporary custody of children. DVPA focuses on protecting victims from ongoing abuse and providing legal mechanisms to help them secure their safety and financial security.
Truth in Lending Act (TILA)
Purpose: The Truth in Lending Act (TILA) is a federal law enacted in 1968 to promote the informed use of consumer credit by requiring disclosures about its terms and cost.
How It Helps: TILA provides protections for consumers in credit transactions, including the right to dispute unauthorized charges on credit accounts. Under TILA, if your spouse has opened credit accounts in your name or made unauthorized charges, you can dispute these with the creditor. The act allows you to withhold payment for these disputed amounts while the investigation is ongoing. TILA also includes protections against certain predatory lending practices.
How Our Expert California Domestic Identity Theft Lawyers Can Help
At R23 Law, we understand how devastating it can be to learn that your spouse has violated your trust by stealing your identity. Our experienced team of California Domestic Identity Theft Lawyers are equipped to handle the intricacies of domestic identity theft cases and is committed to helping you regain control of your financial future.
We know that these situations are not just legal matters but deeply personal ones, filled with emotional turmoil and complex decisions. That’s why we’re here to provide the support, guidance, and legal expertise you need to navigate this challenging time.
If you’re a victim of domestic identity theft, don’t wait to seek help
Connect with R23 Law today, and let us fight for your rights and your peace of mind. You deserve to move forward with confidence, knowing that your financial future is in safe hands.
