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Ex Wife had someone run my credit


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I live in FL and for some reason (in the county my 'ex wife's brother lives in), the power company in CA (Los Angeles) ran my credit. Without getting into specifics, can I file a lawsuit in small claims THEN subpoena the power company into giving me the name of the employee that actually did the run?? They have told me that they have been able to conclude that it was not run on one of their machines, that someone accessed the report away from the office which leads me to believe that it was done for personal reasons.

thanks!

[Edit by carczar on Sunday, April 27, 2003 @ 10:13 AM]

[Edit by carczar on Sunday, April 27, 2003 @ 10:15 AM]

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This sounds like it could be a case of identity theft if they have an employee running around pulling credit reports outside of their offices. It sounds like your ex may have used your personal information without your consent.

If it was done in their name, from an outside location, they have that employee's login information. From there they can backtrack and find the computer the info was entered into. Your suit would be against the power company for violation of permissible purpose laws since your report was pulled by one of their representatives who used their authority illegally.

This also depends on the information given. If your ex gave information to set up a joint account and didn't reveal you were actually separated, there's no way for the power company to know this. The details of your situation is none of my business but I think you know where I'm going with this possibility.

If it was done fraudulently, file formal charges against the employee who will then be arrested and charged, at which time you may be able to seek damages directly from that person in civil court.

That's the route I would take, but I'm not an attorney. I'm sure there's plenty of qualified persons on this board who will be able to steer you in the right direction if I'm way off on this one.

[Edit by DocDon on Sunday, April 27, 2003 @ 10:47 AM]

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Yeah, thanks DocDon! No, I'm certain that it was not for the purpose of her obtaining power as she lives in Los Altos. My suspicion is that her brother had a friend (that has access through that company) run a report to gain financial information on me. This isn't the first time she's done something like this. I have requested (from the power company) the name of the employee and they have refused to give me that. I had thought that if I filed in small claims, it would open the door to allow me to subpoena them into giving me that information so that I could file formal charges against that employee. If there is an easier way, I'd be so obliged if someone could help me out on this:).

Thanks again DocDon:).

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They're not going to release employee info to you. I would go ahead and file a police report in the city the power company is. If they tell you they don't take complaints of that nature, file a report with the California Highway Patrol (their state police). Forward the information you recieved from the power company to the police. If the situation isn't resolved from there, forward the information you received from the power company, and the police report to the California Attorney General. This will force a formal investigation and possible charges if the power company simply states, "he's been fired, move on with your life".

It sounds like you want his name so you can track him down to kick his *ss. :)

Good luck to you.

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You might want to start with the Public Utilities Commission to see what is available to you, then follow Doc's advice if this fails, except go straight to the AG. Also, contact each CRA and tell them what is going on. They can advise what to do in regards to their side. Be sure to say you suspect your ex caused this. Don't lock yourself in to any recourse by false accusations.

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