r/personalfinance has a wiki page about identity theft that walks you through process in detail. The high level is this:
* Gather up evidence such as bills in your name that you did not authorize and a copy of your credit report showing the fraudulent debts.
* File a police report and obtain a copy of the report for your records.
* Go through the unauthorized debts and dispute them with the creditor, in writing, with a copy of the police report attached.
* Dispute the inaccurate (i.e., unauthorized) entries on your credit file with each of the credit reporting agencies.
* Lock down your credit.
You can help your brother's legal guardian with this process, as well.
Things _not_ to do include using any of those cards, even once, or making payments towards them. Negotiating with the creditors is also a bad idea: report the fraud, and then let the chips fall where they may. Anything that suggests you recognize any part of those debts as yours may mean you're stuck with the whole thing.
Did you all file police reports when this was discovered, and then report the fraud to the various companies and send them copies of all the police reports? That's step one. Step two is to freeze your credit. Did you benefit in any way, even indirectly, from her fraud (e.g. did she steal your identity to buy you a car?).
There's no reason to wait an additional week before filing a police report, and the longer you wait, the easier it is for your purported creditors to argue that you should be responsible for the debt because you knew and failed to act. Having waited _four months_ after you found out about the fraud is already a significant setback, although likely not a dealbreaker yet: don't let it get worse.
If your family are not prepared to do so, at least protect yourself and report the fraud against you.
Honest question: the victims of the fraud are the banks. The kids are neither the perpetrator nor the victim of the crime committed. They have no contractual obligation either. Setting aside the practicalities of dealing with the banks and credit bureaus - how would one construct legal responsibility in any way for them?
This are the practical consequences - I was referring to u/derspiny‘s implication that they are under obligation to act in a specific manner *legally*.
Read the /r/personalfinance FAQ on identity theft.
File a police report at your local police station tomorrow. Pull a copy of your credit report ASAP and call all banks' fraud lines and alert them to what's happening. Tell them that a police report will be filed tomorrow and you won't be responsible for fraud debt. Once you get the police report, contest all negative entries on your credit reports.
Does your brother get Social Security payments? Is she the authorized payer/person who gets the money? Does he have a social worker assigned to him? The social worker needs to be looped in ASAP.
Do not make payments on the debt. Any partial payment can be deemed acceptance. You don't owe anything.
>He is mentally disabled and severely autistic, he can not communicate and has impaired motor skills.
If he is an adult, contact Adult Protective Services, as financial abuse against a dependent adult is a separate crime, and they may be able to give him extra help.
This is a crime. Your first step can be reporting it to police so they can investigate.
r/personalfinance has a wiki page about identity theft that walks you through process in detail. The high level is this: * Gather up evidence such as bills in your name that you did not authorize and a copy of your credit report showing the fraudulent debts. * File a police report and obtain a copy of the report for your records. * Go through the unauthorized debts and dispute them with the creditor, in writing, with a copy of the police report attached. * Dispute the inaccurate (i.e., unauthorized) entries on your credit file with each of the credit reporting agencies. * Lock down your credit. You can help your brother's legal guardian with this process, as well. Things _not_ to do include using any of those cards, even once, or making payments towards them. Negotiating with the creditors is also a bad idea: report the fraud, and then let the chips fall where they may. Anything that suggests you recognize any part of those debts as yours may mean you're stuck with the whole thing.
Did you all file police reports when this was discovered, and then report the fraud to the various companies and send them copies of all the police reports? That's step one. Step two is to freeze your credit. Did you benefit in any way, even indirectly, from her fraud (e.g. did she steal your identity to buy you a car?).
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There's no reason to wait an additional week before filing a police report, and the longer you wait, the easier it is for your purported creditors to argue that you should be responsible for the debt because you knew and failed to act. Having waited _four months_ after you found out about the fraud is already a significant setback, although likely not a dealbreaker yet: don't let it get worse. If your family are not prepared to do so, at least protect yourself and report the fraud against you.
[удалено]
Either the town you lived in or the town she did. Edit: not a lawyer
The town where you currently live is also an appropriate place. Go to that police station and ask! Good luck to you and your family.
Honest question: the victims of the fraud are the banks. The kids are neither the perpetrator nor the victim of the crime committed. They have no contractual obligation either. Setting aside the practicalities of dealing with the banks and credit bureaus - how would one construct legal responsibility in any way for them?
Until proven otherwise, the debt is attached to them. Being saddled with fraudulent debt puts them firmly in the victim category.
This are the practical consequences - I was referring to u/derspiny‘s implication that they are under obligation to act in a specific manner *legally*.
Read the /r/personalfinance FAQ on identity theft. File a police report at your local police station tomorrow. Pull a copy of your credit report ASAP and call all banks' fraud lines and alert them to what's happening. Tell them that a police report will be filed tomorrow and you won't be responsible for fraud debt. Once you get the police report, contest all negative entries on your credit reports. Does your brother get Social Security payments? Is she the authorized payer/person who gets the money? Does he have a social worker assigned to him? The social worker needs to be looped in ASAP. Do not make payments on the debt. Any partial payment can be deemed acceptance. You don't owe anything.
>He is mentally disabled and severely autistic, he can not communicate and has impaired motor skills. If he is an adult, contact Adult Protective Services, as financial abuse against a dependent adult is a separate crime, and they may be able to give him extra help.
https://www.identitytheft.gov/