If a family member stole my identity and took out a huge personal loan, what shouldI do?

UPDATED: Oct 3, 2010

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If a family member stole my identity and took out a huge personal loan, what shouldI do?

A family member recently had troubles in his business. He stole my identity and probably used illegal means to get a huge personal loan in my name. He then fled the country. If I (green card holder) have assets overseas, would they come after my assets? What is the statue of limitations (CA) for this offense, and what are my chances of taking action against him assuming that he never returns? Would I be held responsible and liable for the debt if he does not return? What evidence should be gathered to prosecute him?

Asked on October 3, 2010 under Bankruptcy Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You need to get legal help as soon as you can.  You need to report the identity theft and prove that you had no idea or connection to the taking out of the loan in your name.  You need to not only make sure that criminal charges are brought but that you take the necessary steps to bring a civil suit against him as well. Whether or not you can collect from him is not as important as going through the steps to show that you are innocent of any clams that may be made (like collusion) and to get a judgement against him that you can file here.  Do this quickly.  The statute of limitation may be "tolled" or extended in this matter as it will probably not have started to run until you discovered the offense.  You gave no time frames here.  Good luck. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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