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So after about a month of digging in to the accounts on my credit report I've finally accepted that my ex husband used some of my cards after I had them paid off (without permission and never told me), and opened 2 brand new accounts in my name. I've filled out an Identity Theft affidavit online but I'm really struggling about whether or not to list him as the person I suspect in the affidavit and the police report these companies are requiring. I know I shouldn't care about him because he obviously didn't care about me, but we have children and I'm just afraid of how much worse it will be for them to EVER have a good relationship with him if I turn him in (he already avoids them because he doesn't like to be around me). My question is - is it possible to file the police report and explain what happened (that he did it) without the police confronting him? I know it would be up to me whether or not to prosecute, but I really don't even want him to know I found out and am doing something about it. He was abusive when we were together and God knows what he would do if he finds out his secret accounts were busted. I have reason to believe his ex-girlfriend was also involved and would like to be able to just tell the truth and list her name on the forms, but she is crazy and has finally left me alone (her role in this was 3 years ago and I don't think she's still involved) - I REALLY don't want to deal with her in my life again. If they had used wrong addresses or information it would be a lot easier, but since they had access to my mail and accounts there's no real evidence to prove it wasn't me, so I feel like I'll probably have to explain how it happened - am I correct in assuming as much? I've done a ton of googling to try to find the answers to these questions, but I can't find anything that actually explains what happens when you list a family member on a police report or affidavit, or what happens when you don't explain what happens and all evidence points to you.
Already did all that.
The FCRA identity theft process uses the filing of a report before a law enforcement agency as the basis for acceptance of a mere allegation from the consumer as being sufficient to block information asserted to be due to identity theft from the consumer's credit report. A police report carries criminal penalties for knowingly false statements, and thus was considered adequate basis by congress to separtate mere allegations from those that have credence. FCRA 605B.
If you seek block of the information from your credit report, then filing of a police report is the entry fee.
The filing of a police report then puts the matter in the hands of law enforcement as to their investigation of the matter.
They could choose to simply take the report and file it, or they could agressively pursue an investigation.
I would expect, as a basic part of any investigation, that the officer taking the report would ask the obvious question as to whether or not you have any evidence/indication of who the party might be that used your identity. Your response must not knowingly be inaccurate. Omission of facts could be considered a knowingly inaccurate statement.
The police report is the threshold for getting the info blocked from your credit report. It does not prove anything.
The question is whether or not filing of the report is worth the improvement in your credit score. Other than that, it does not itself resolve the matter, and places the subsequent investigation in the hands of law enforcement, not you.
If you do decide to file a police report and are considering omission of facts, I would strongly advise that you first have a consultation with an attorney.
If you don't list him it is considered perjury.
It's unlikely any action will be taken against him, as it is 'small fish' for these size of matters.
I was concerned with the same thing regarding my mother stealing my identity, but I told the truth, and she doesn't even know they know it was her.
The weight is off of my shoulders and it's been all cleared up.
I wish the best for you.
@Anonymous wrote:If you don't list him it is considered perjury.
If you omit him, it more than likely would NOT be perjury