How to pursue an ID Theft Affidavit when it involves family and the mentally unwell?
June 23, 2010 5:07 PM Subscribe
How to pursue an ID Theft Affidavit when it involves family and the mentally unwell?
I recently found myself in a fairly confusing situation -
Recently(June 16th) I went into my local credit union in an attempt to take out a loan. Upon checking my credit, the woman assisting me found something unusual- from last year(May 1st/09).
It appears as though someone obtained a check in my name from a CheckNGo, an instantaneous loan lender company.
The contemporary approach would be to fill out the correct ID Theft Affidavit forms as pertaining to the expectations of the company, in this case, notarized and with a copy of a police report.
But here is the whole story, in fact-list format.
I am/am not willing to assist in the prosecution of the person(s) who committed this fraud.
I really have no idea of the ramifications of that action. I love my mother, she is just mentally unstable. I'm not concerned about the loss of money, but what I am looking to achieve at the end of this is a happier credit score(which I am only concerned about in relation to obtaining student loans for a university), and a further strengthened sense of privacy. I never want her to be able to do this again. It isn't the first instance of violation, and I do plan to change my social security number. I would possibly be interested in assisting in the prosecution if I fully understood the likely consequences of doing so. I don't really want to put my mother in jail or in further debt, but I want to be firm with my decisions.
Here are some things that could further complicate/hinder the situation:
I'm just so unsure of how to go about this. Do I call the loss prevention center and try to act on their sympathies, expressing the mental instability of my mother? How many calls do they receive on that sort of rhetoric, a year? If I did attempt to do that, I would have to file a police report first. Would the police want to press charges regardless of whether I did? My parents have less financial stability than I do - they wouldn't be able to defend themselves. I have a small amount of funds I could use to pay my mother's fines, if it would clear my name and prevent her from doing this in the future, but I couldn't afford anything very grand.
Should I just file the affidavit as an unknown, not claiming to believe that my mother would do something to this degree? Playing ignorant in the hopes that the police wouldn't pursue it with fervor, if at all.
Any and all advice is appreciated. To me this situation is entirely foreign, I have never filed a police report, let alone have had to deal with credit bureaus or loss prevention agencies.. and it feels as though there are so* many directions this can go in. If anything, thank you for reading.
I recently found myself in a fairly confusing situation -
Recently(June 16th) I went into my local credit union in an attempt to take out a loan. Upon checking my credit, the woman assisting me found something unusual- from last year(May 1st/09).
It appears as though someone obtained a check in my name from a CheckNGo, an instantaneous loan lender company.
The contemporary approach would be to fill out the correct ID Theft Affidavit forms as pertaining to the expectations of the company, in this case, notarized and with a copy of a police report.
But here is the whole story, in fact-list format.
- I am nearing 21, and have had a rather trying history with my parents, emotionally and financially.
- The account made with CheckNGo has my mother's name attached to it, as I was informed by the CNG Loss Prevention Investigator.
- It's obvious that it was my mother who obtained the check in my name, with a fraudulent copy of a Power of Attorney certificate, and an outdated license of mine I knew she had.
I am/am not willing to assist in the prosecution of the person(s) who committed this fraud.
I really have no idea of the ramifications of that action. I love my mother, she is just mentally unstable. I'm not concerned about the loss of money, but what I am looking to achieve at the end of this is a happier credit score(which I am only concerned about in relation to obtaining student loans for a university), and a further strengthened sense of privacy. I never want her to be able to do this again. It isn't the first instance of violation, and I do plan to change my social security number. I would possibly be interested in assisting in the prosecution if I fully understood the likely consequences of doing so. I don't really want to put my mother in jail or in further debt, but I want to be firm with my decisions.
Here are some things that could further complicate/hinder the situation:
- I live in Oregon. My parents, and the CheckNGo are based in the same area in Michigan. I have no idea how that would work in the act of prosecution. For a little while I was even concerned about where to make the police report, though I'm fairly certain I should do it where I'm living now.
- It has been exactly seven days since I reported the situation to the prevention loss center of CheckNGo, and I still have not made a police report, a report to consumer credit companies(Equifax, Experian, etc), and thus have not yet sent the affidavit in. On the ID Theft Affidavit form they sent me, it specifically states that it becomes particularly more difficult to process a case if it has not been received within one week. This is especially trying, because I don't want those who are working on my case to feel as though I'm ambivalent or conniving, but I have also maintained a fairly inconsistent schedule(which I may be able to present proof of, if need be) until this time, when I can fully commit myself to this process.
- I have many copies of the Revocation of the Power of Attorney form I enacted before she presented the fraudulent form to CNG, when I felt as though something like this could potentially happen again in the future. I plan to include this as part of my list of supporting documents.
- I can obtain proof that I was living and working in Oregon at the time of the fraudulent event.
- I may be able to prove that the license my mother used to obtain the check/loan was expired at the time - it happened to be an old copy of a license that was expired to driving charges, and I typically use a State ID that I plan to use a copy of. I do plan to say that the copy she used was missing/lost, however I did not file it as such at the DMV.
I'm just so unsure of how to go about this. Do I call the loss prevention center and try to act on their sympathies, expressing the mental instability of my mother? How many calls do they receive on that sort of rhetoric, a year? If I did attempt to do that, I would have to file a police report first. Would the police want to press charges regardless of whether I did? My parents have less financial stability than I do - they wouldn't be able to defend themselves. I have a small amount of funds I could use to pay my mother's fines, if it would clear my name and prevent her from doing this in the future, but I couldn't afford anything very grand.
Should I just file the affidavit as an unknown, not claiming to believe that my mother would do something to this degree? Playing ignorant in the hopes that the police wouldn't pursue it with fervor, if at all.
Any and all advice is appreciated. To me this situation is entirely foreign, I have never filed a police report, let alone have had to deal with credit bureaus or loss prevention agencies.. and it feels as though there are so* many directions this can go in. If anything, thank you for reading.
Whatever you do, put a freeze on your credit. This should prevent your mother from getting credit in your name again. She may know your SSN and other personal information, but she won't know the password/PIN you set for your credit freeze.
posted by Meg_Murry at 5:53 PM on June 23, 2010
posted by Meg_Murry at 5:53 PM on June 23, 2010
Response by poster: Whatever you do, put a freeze on your credit.
That is an awesome suggestion Meg_Murry, thank you! I will do that.
posted by panoptican at 6:19 PM on June 23, 2010
That is an awesome suggestion Meg_Murry, thank you! I will do that.
posted by panoptican at 6:19 PM on June 23, 2010
Well, she was coherent enough to commit fraud using supporting documentation. Does she have a diagnosed mental illness that she's receiving medical care for, in which case you should speak to her doctors and mention her behavior, or is she unmedicated and unwilling to receive care?
I get it, I do. My mother is mentally ill and while this type of thing is not her MO, it wouldn't come as a great shock to me if she did pull something like this. I also totally understand not wanting to have other family members suffer the fallout, but every time her behavior goes unchecked, every one of you enables her future actions.
You can probably make this one go away, but what about the next one?
posted by crankylex at 7:03 PM on June 23, 2010
I get it, I do. My mother is mentally ill and while this type of thing is not her MO, it wouldn't come as a great shock to me if she did pull something like this. I also totally understand not wanting to have other family members suffer the fallout, but every time her behavior goes unchecked, every one of you enables her future actions.
You can probably make this one go away, but what about the next one?
posted by crankylex at 7:03 PM on June 23, 2010
I'm not sure if this kind of crime would qualify, but in my county we have a "mental health court." If someone with a mental illness commits a crime due even in part to their illness, it can be referred to the states attorney to see if he will agree to have the person participate in this diversion program.
It would mandate that she would have to participate in treatment (meds if necessary, therapy for sure) and appear once a month in front of a judge so he can get a report on her progress. It usually lasts for 18-24 months, depending on the offense. If the person completes the program, the arrest will be expunged. It's worth looking into (it would be in the location that the crime was committed). If you can't find something on google, call the local NAMI office (find the closest affiliate at www.nami.org)--they would know for sure if there is one and put you in touch with someone who could give you more information. This might be the best way to get your mother the help she needs.
posted by la petite marie at 7:08 PM on June 23, 2010
It would mandate that she would have to participate in treatment (meds if necessary, therapy for sure) and appear once a month in front of a judge so he can get a report on her progress. It usually lasts for 18-24 months, depending on the offense. If the person completes the program, the arrest will be expunged. It's worth looking into (it would be in the location that the crime was committed). If you can't find something on google, call the local NAMI office (find the closest affiliate at www.nami.org)--they would know for sure if there is one and put you in touch with someone who could give you more information. This might be the best way to get your mother the help she needs.
posted by la petite marie at 7:08 PM on June 23, 2010
Response by poster: Well, she was coherent enough to commit fraud using supporting documentation.
Excellent point (doh-).
Does she have a diagnosed mental illness that she's receiving medical care for, in which case you should speak to her doctors and mention her behavior, or is she unmedicated and unwilling to receive care?
I believe she has diagnosed bipolar disorder, but I feel as though another large part of her inconsistencies are from being, well, burnt out. She is medicated, but she has also been known to abuse her medication.
If it helps to clarify the situation.. this is a person who drops into states of outlandish, nonsensical behavior that is impractical at best. She seems to have the bare minimum in regards to social circumstances, that too is at best. Quite often she is chattering senselessly, literally narrating her activities and thoughts to anyone or no one in the surrounding area, contradicting her statements here and there along the way. She often misplaces items, occasionally breaks them, and treats her environment with little to no regard. She is however, coherent enough to drive, eat, and occasionally voice complete thoughts. She is just entirely emotionally unhinged, and I feel as though much of her instability lies there.
I would be willing to call her out if it likely wouldn't bother my parents very much.. I would even be willing to use the money that might be replenished in my account(though I don't think any was taken out.. the debt was just never repaid, and that's why there's a problem.. er, obviously, anyway-) to pay any fines, if they were small.
Reporting her actions specifically seems as though it may be the best option.. I can refute both items of i.d. she used to place the check, I can clearly identify that I was in another state and likely that I was even working the time that the fraud occurred... And my Dad or some of her physicians may even be able to fax some notes medically signifying her level of instability.
I'm feeling a bit better however, as I recently just read that I actually have another five days entirely(technically seven) to submit the affidavit and collect supporting documents.. so that leaves me feeling a little more optimistic.
posted by panoptican at 7:19 PM on June 23, 2010
Excellent point (doh-).
Does she have a diagnosed mental illness that she's receiving medical care for, in which case you should speak to her doctors and mention her behavior, or is she unmedicated and unwilling to receive care?
I believe she has diagnosed bipolar disorder, but I feel as though another large part of her inconsistencies are from being, well, burnt out. She is medicated, but she has also been known to abuse her medication.
If it helps to clarify the situation.. this is a person who drops into states of outlandish, nonsensical behavior that is impractical at best. She seems to have the bare minimum in regards to social circumstances, that too is at best. Quite often she is chattering senselessly, literally narrating her activities and thoughts to anyone or no one in the surrounding area, contradicting her statements here and there along the way. She often misplaces items, occasionally breaks them, and treats her environment with little to no regard. She is however, coherent enough to drive, eat, and occasionally voice complete thoughts. She is just entirely emotionally unhinged, and I feel as though much of her instability lies there.
I would be willing to call her out if it likely wouldn't bother my parents very much.. I would even be willing to use the money that might be replenished in my account(though I don't think any was taken out.. the debt was just never repaid, and that's why there's a problem.. er, obviously, anyway-) to pay any fines, if they were small.
Reporting her actions specifically seems as though it may be the best option.. I can refute both items of i.d. she used to place the check, I can clearly identify that I was in another state and likely that I was even working the time that the fraud occurred... And my Dad or some of her physicians may even be able to fax some notes medically signifying her level of instability.
I'm feeling a bit better however, as I recently just read that I actually have another five days entirely(technically seven) to submit the affidavit and collect supporting documents.. so that leaves me feeling a little more optimistic.
posted by panoptican at 7:19 PM on June 23, 2010
Response by poster: "It would mandate that she would have to participate in treatment (meds if necessary, therapy for sure) and appear once a month in front of a judge so he can get a report on her progress. It usually lasts for 18-24 months, depending on the offense. If the person completes the program, the arrest will be expunged. It's worth looking into (it would be in the location that the crime was committed). If you can't find something on google, call the local NAMI office (find the closest affiliate at www.nami.org)--they would know for sure if there is one and put you in touch with someone who could give you more information. This might be the best way to get your mother the help she needs."
Wow, that sounds like an amazing resource. I never knew anything like that actually existed.. definitely something to check out - thank you!
posted by panoptican at 7:20 PM on June 23, 2010
Wow, that sounds like an amazing resource. I never knew anything like that actually existed.. definitely something to check out - thank you!
posted by panoptican at 7:20 PM on June 23, 2010
This is a crime so file a police report. If/when it gets to prosecution time, she can claim mental incompetence with supporting documentation. If you don't persue this matter you will be A. liable for the debt/ding on your credit report and B. encourage her to do this to you again. Plus, I don't believe you can change your social security number--putting a freeze on your credit report and following up with legal action to remove damaging information on your credit report is how you clear your name and your social security number.
posted by MsKim at 7:48 PM on June 23, 2010
posted by MsKim at 7:48 PM on June 23, 2010
Response by poster: This is a crime so file a police report. If/when it gets to prosecution time, she can claim mental incompetence with supporting documentation. If you don't persue this matter you will be A. liable for the debt/ding on your credit report and B. encourage her to do this to you again. Plus, I don't believe you can change your social security number--putting a freeze on your credit report and following up with legal action to remove damaging information on your credit report is how you clear your name and your social security number.
I do value your advice, but stating "something is a crime" does not necessarily offer in-depth insight to my situation, with all due respect.
Plus, I don't believe you can change your social security number--putting a freeze on your credit report and following up with legal action to remove damaging information on your credit report is how you clear your name and your social security number.
It was suggested by the loan officer of my credit union that I change the number to my social security via some such bureaucratic office. I've been in contact with her semi-frequently, she's been fairly kind to me throughout this situation, and has offered a decent deal of assistance. I imagine she understands the situation and knows the extent of what she's talking about, but you could be right - I haven't directly tried that route, just yet.
posted by panoptican at 8:23 PM on June 23, 2010
I do value your advice, but stating "something is a crime" does not necessarily offer in-depth insight to my situation, with all due respect.
Plus, I don't believe you can change your social security number--putting a freeze on your credit report and following up with legal action to remove damaging information on your credit report is how you clear your name and your social security number.
It was suggested by the loan officer of my credit union that I change the number to my social security via some such bureaucratic office. I've been in contact with her semi-frequently, she's been fairly kind to me throughout this situation, and has offered a decent deal of assistance. I imagine she understands the situation and knows the extent of what she's talking about, but you could be right - I haven't directly tried that route, just yet.
posted by panoptican at 8:23 PM on June 23, 2010
Response by poster: Also, Identity theft and your SSN - if you read briefly at the bottom, there is a small script entailing what circumstances are needed for a new SSN, how to pursue a new SSN, and how a new SSN may or may not help your situation.
posted by panoptican at 8:28 PM on June 23, 2010
posted by panoptican at 8:28 PM on June 23, 2010
There is a difference between filing a police report and having the DA decide to take the case to trial and even then there may be options for your mother avoid major negative consequences. It seems to me that if you check that your are unwilling to help the prosecution, that may make it less likely that the case would go to court. Given all of your evidence, you have a strong case that you were not colluding with your mother on this - certainly it is not unusual for family members to steal from a relative. So I would expect that you would be successful in proving that it is not your debt. (Although I am just guessing)
There may or may not be consequences for your mother (there is certainly a possibility that nothing at all will happen with the police although the checkNGo might well go after her for the money). The consequences may or may not be positive (get her into treatment, force the family to deal with her illness) or minimal (repay the money) or negative (jail time). Balance this against your need to protect your own finances, recognizing that even if you comprise your own financial well-being by not filing the Affidavit, it is very likely that your mother will (or already has) done something else equally illegal. (Shoplifting? forgery?)
posted by metahawk at 9:56 PM on June 23, 2010
There may or may not be consequences for your mother (there is certainly a possibility that nothing at all will happen with the police although the checkNGo might well go after her for the money). The consequences may or may not be positive (get her into treatment, force the family to deal with her illness) or minimal (repay the money) or negative (jail time). Balance this against your need to protect your own finances, recognizing that even if you comprise your own financial well-being by not filing the Affidavit, it is very likely that your mother will (or already has) done something else equally illegal. (Shoplifting? forgery?)
posted by metahawk at 9:56 PM on June 23, 2010
In the filings you are describing, you will just need to state that the loan was not taken out by you and the non-payment of the loan was not your responsibility. That will begin the repair to your credit record.
You're not being asked to tell, speculate or volunteer evidence as to who did the deed.
Just state the facts as you know them. Repair your credit. What happens next won't be your responsibility.
Kudos for wanting to help your mother to the extent possible. If you try to protect her by taking no action, then you're not repairing your credit. Your choice.
posted by JimN2TAW at 6:54 AM on June 24, 2010 [1 favorite]
You're not being asked to tell, speculate or volunteer evidence as to who did the deed.
Just state the facts as you know them. Repair your credit. What happens next won't be your responsibility.
Kudos for wanting to help your mother to the extent possible. If you try to protect her by taking no action, then you're not repairing your credit. Your choice.
posted by JimN2TAW at 6:54 AM on June 24, 2010 [1 favorite]
This thread is closed to new comments.
IANAL and IANADetective, but "playing ignorant," i.e. withholding material evidence that you have, would only make it seem to me as if you and your mother were colluding
I understand that, and I feel is though your opinion is absolutely valid. To be honest, I don't think punishing someone who doesn't understand the consequences of their actions is effective- we are talking about a human being who is literally coherent for half, perhaps even a third, of her existence. Whose to say she will not try this again, or something worse, after legal action? Just as well, I love and respect the family members living with her at this time, and she is known to bouts of mania and extreme behaviors - I don't also want to punish them for a time, indirectly. It's a hard situation, and I'm looking to pursue it while applying the least amount of damage possible. However, you may be right.
posted by panoptican at 5:36 PM on June 23, 2010