Question for lawyers or legal experts?

[Sands]

A close relative opened a telephone account in my mother's name, without first informing her. All of her information was used, including her social security number. The unpaid bill has gone to collections and the agency is insisting that my mother owes the money, even though she was unaware of the fact that the phone was set up in her name. The agency said that unless a criminal investigation is pursued, my mother owes the money. It seems ridiculous to me that someone can use my information to obtain something without my knowledge and I am legally responsible for the bill. I would like to know if this is true and also how my mother can get out of being responsible for the bill without having to file a police report.

Polite, to-the-point, factual answers only please.

[mindcrime828331]

What you are talking about is identity theft, and it happens quite frequently. Unfortunately, you will have to prove that your mother did not open the account by having an investigation. Otherwise it is just her word that the account was opened without her knowledge. Its sad to say, but in this day and age, proof is needed otherwise anyone could claim that to get out of a bill they truly owe. If you cannot get in touch with the relative to resolve it with him/her, you most likely will have to contact the authorities.

[Judy214]

Why doesn't she open a criminal investigation? It's a crime to do what was done. She's legally responsible because she won't ask for an investigation, not because someone stole her identity.

If she's trying to just protect the person who did it, then your mom will have to take responsibility for the bill. Think about it - if it didn't work that way, a dishonest group of people could just open accounts in each other's name, claim they knew nothing about it, and nobody would have to pay ANYthing. That wouldn't make any sense.