Question : Can someone sue you for identity theft/fraud because you filled out a job application?
Here are the details: My husbands kids agreed that they would do a summer job they had done two years ago if they couldn't find another one before summer. I filled out the applications online for the kids. There were no signature spaces on the form, no social security numbers on the form. Their mother called tonight and said she had filed 6 counts of felony fraud and identity theft against me because I put her name on the job application and filled them out for the kids. The only line with her name on it was the one asking the name of legal guardian and I put my husband's name and her name in the same space - it was not a signature space.Can she really have these charges filed or is she just being malacious? Don't fraud charges need to be brought against me through the Prosecutor's office? I am calling an attorney tomorrow but I thought I would see if I could get some feedback tonight - maybe direction to legal code that I could read up on this.Thank you!The kids are 16 and 17. They talked with their dad and agreed that if they couldn't find a different summer job, they would do the corps job again. To get the session they want you have to file early.My husband and I have been together for over 11 years. So, it is not a new relationship.
- asked by TMH
All Answers:
Answer #1
How old are the children? Did they approve of youdoing it? I don't think she has a snowballschance in H--- of doing anything. She sounds likeshe just wants to cause problems and doesn't wantyou a part of her children's lives. I wouldn'tsweat it if I was you but do check things out withan attorney.
- answered by InHisService
Answer #2
If you were acting at the behest of the childrenand they were aware you were filling out the formfor them, then the mother has no case. Since youdid not sign her name to anything, there is nofraud or identity theft.Even if the children werenot aware that you entered the mother's name intothe form, you would probably still not be liablefor fraud, and certainly not identity theft.Fraudrequires an intent to gain by purposely givingfalse information. There's a better definition,but I don't have a law dictionary here.AndIdentity theft requires the intent to use theidentity of another to receive some type of gainto which you are not entitled otherwise.The codemay differ some from state to state, but any lawlibrary will have your state's statutes available,and the librarian will certainly be able to directyou to the pertinent statutes. And I believe allstate statutes are now available through Westlawonline (Westlaw is not free, but some librariesmaintain a subscription to Westlaw)
- answered by Wayne D
Answer #3
She might be able to get you fo fraud, but notidentity theft.
- answered by mrsgillen3
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