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Been on her shoes, I have no problem reporting identity theft to anyone if it means I am going to be penalized for either 7 years or the rest of my life (blacklist by Citi).
In my opinion solely, drug addicts don't learn by being coddled. If that drug addict isn't stealing your mother's ID, there is a very good chance they're going to steal the ID of someone else, or steal something else.
I'd suggest she file the police report, but that's my opinion solely. I would get this removed with Citi and try to rehab the relationship with Citi as well.
Yep, she's 100% responsible and there's no point in you spending time trying to do anything else. There's also no point in commentary on it.
The law is the law and in this case there is no option but to either follow the law one way (file a police report including all pertinent data) or follow the law the other way (accept responsibility for the debt personally up to and including lawsuits and judgments).
Just because she doesn't care about credit doesn't mean that insurers don't. She may be paying thousands of dollars more for the rest of her life in higher insurance rates. That's also her responsibility if she prefers to just accept the debt as her own.
The FCRA provides a process to permit removal of fraud/identity theft information from your credit report without any involvement or concurrence of the creditor. See FCRA 605B, and the detailed discussion of that process in the sticky thread at the top of the General Credit Topics forum.
The essential part of the FCRA identity theft process is the need for a police report to back up the assertion.
Otherwise, and consumer could simply assert they did not authorize and account.
Filing of a police report subjects the consumer to potential criminal prosecution for any knowingly false statements, and thus is the mechanism selected by congress to weed out spurious assertions.
If unwiling to file a police report, then you cant avail of the blocking provision of the FCRA.
You can submit requests to the creditor for removal, but they can usually verify based on their documentation of applications using your identity. You can dispute and assert that a reasonable investigation by the creditor should reasonably show that the documents were not submitted by you, but that is very difficult to prove.
If you file a police report, you can, of course, decline to answer any questions regarding knowledge of who likely used your identity.
However, that is a standard question that police are trained to ask as part of any investigation, so expect it, and expect that they will decline to take a report if you declines to cooperate.
I understand the whole family is family/blood is thicker than water thing. And to be honest, if a relative of mine is in a situation where they are in rehab and are showing signs of improvement I'd be supportive and not trying to get them in trouble too. Tough love is good and all but again, family is family and if they are improving I'm not going to sabotage that.
That said, there are costs to that approach. Your brother incurred the debt under your mother's name. Now your mother says she won't rat him out and that's fine. But that means it's only fair to ask your mother to accept the consequences whether it's a bad credit profile (and all the costs associated with that) or issues with delinquent debt. That's what it takes to protect your brother.
What you are essentially asking is to offload the costs and risks of protecting your brother onto the "system" (ie CC issuers and by extension their customers) while still enjoying the benefits and protections that comes with it. That just doesn't sound right to me.
Edit: I'm not trying to point fingers or accuse anyone and if this post offends the OP I apologize. But I'm just trying to offer a perspective from someone who is personally uninvolved and still a part of the system and therefore will be indirectly affected (no matter how minutely).