Identity Theft by Family Member

[gerdarh]

A family member used my name to get electricity and did not pay the bill. This happened several years ago and is now in collections. I was made aware several months ago and recently checked my credit report, where the collection is now listed. I was told that the only way to get it off, is to file a police report for the identity theft. My question is: What will happen to the family member if I file the police report? The amount of the debt is about $1200. Do the courts actively pursue all cases? I don't have the money to pay this off, and even if I would, it would leave a stain on my otherwise clean credit file. Not sure what to do, the family member is single mother with two small children.

 

[army judge]

A family member used my name to get electricity and did not pay the bill. This happened several years ago and is now in collections. I was made aware several months ago and recently checked my credit report, where the collection is now listed. I was told that the only way to get it off, is to file a police report for the identity theft. My question is: What will happen to the family member if I file the police report? The amount of the debt is about $1200. Do the courts actively pursue all cases? I don't have the money to pay this off, and even if I would, it would leave a stain on my otherwise clean credit file. Not sure what to do, the family member is single mother with two small children.

What happens once you file a police report is up to the police agency involved and the prosecutor's office.

If this is New York City, Los Angeles, or Chicago (or another very large city), I doubt that the police agency would actively pursue it, unless you screamed and shouted.

Which you seem uninclined to do.

But, if this was in Tinytown, Idaho, or some rural county in West Texas; they'd probably prosecute the case.

Ultimately, what you choose to do is up to you.

 

[bluemann33]

Did the family member use your ID? Usually power companies want proof that the person is who they say they are. You are in a tough spot here. It sounds like you do not want to get the family member in trouble. Have you tried to get them to pay it off? Even if she makes payments to you, that would be better then her getting investigated for ID theft. Good luck.

 

[gerdarh]

The family member used my SSN when she applied for the service over the phone. This was in a town I've never lived in and the apartment where the service was connected was not in my name. I would just like to know the legal consequences (jail, fine) for identity theft in Texas, Houston to be exact.

 

[bluemann33]

exas Tex. Penal Code Ann. §32.51 Fraudulent Use or Possession of Identifying Information An offense under this section is: a state jail felony if the number of items obtained, possessed, transferred, or used is less than five.
An offense under this section is: a felony of the third degree if the number of items obtained, possessed, transferred, or used is five or more but less than 10.
An offense under this section is: a felony of the second degree if the number of items obtained, possessed, transferred, or used is 10 or more but less than 50.
An offense under this section is: a felony of the first degree if the number of items obtained, possessed, transferred, or used is 50 or more.
An offense described for purposes of punishment by Subsections (c)(1)-(3) is increased to the next higher category of offense if it is shown on the trial of the offense that the offense was committed against an elderly individual as defined by §22.04.

Restitution If a court orders a defendant convicted of an offense under this section to make restitution to the victim of the offense, the court may order the defendant to reimburse the victim for lost income or other expenses, other than attorney's fees, incurred as a result of the offense.