AboutYan Ross Expertise Certified Identity Theft Risk Management Specialist (CITRMS) -- providing responses to questions on identity theft prevention and restoration for consumers and holders of protected information (Personally Identifiable Information)
Experience Recognized and quoted authority in the area of Identity Theft.
Principal Contributing Author to the Identity Theft Risk Management Study Guide published by the Institute of Consumer Financial Education. Frequent lecturer on this subject to attorneys and other professionals, as well as law enforcement and community groups.
Education/Credentials Bachelor of Arts, Princeton University --
Juris Doctor, Yale Law School --
Accredited Educator for numerous professional disciplines
Education/Credentials Bachelor of Arts, Princeton University --
Juris Doctor, Yale Law School --
Accredited Educator for numerous professional disciplines
Question QUESTION: In 1994-95 when my sister was in school in the North she opened 2 department store credit cards in her name with our father as cosigner without his knowledge. She used our father's ss #. After, she never paid the cards, and our father found out about it in 1996. Our parents divorced when we were young, and we have had little or no contact with our father. Shortly after, she moved to NY got married and moved abroad. She has not been back to the states since she left in 1996. She is worried that this is an issue in her coming back into the country. (Our family life was quite horrible, so I understand why she left, though I don't excuse what she did.) I told her that it is a non-issue considering all the time that has passed. She checked her credit report in 2003 and nothing appeared on it. Can you clarify the legal aspect of her situation for me? I did see that an SOL could be tolled. Anyway I understand her fear at coming back and being stopped with her children in tow, so any help would be very much appreciated.
Thank you for any advice you can give.
ANSWER: JE,
First, as is disclosed on the AllExperts web site, we can't give legal advice as such -- but I can give you some guidance on the issues involved.
A fundamental question is whether there was ever any further action taken by your father or the card issuer. You did not say whether he paid off the cards or whether there was any claim against your sister made by the issuer of the cards.
The best situation, of course, would be if your father paid off the cards, forgave your sister, and let it go at that.
Under those circumstances, there is no apparent reason for her to have a problem returning.
I won't speculate beyond that, but would invite you to send a follow-up question.
Good luck!
---------- FOLLOW-UP ----------
QUESTION: First of all thank you very much for responding.
I don't think he paid. She called up her Equifax credit report in 2003 and that there was nothing on it. She recently tried to call it up again, but Equifax said that her credit was frozen because there had been no activity since 1996, nor has she had an address. In 2005 she renewed her passport, no problems. I contacted the two stores, but could not find out if there was any claim because they did not have access to any records from 1994-95. I don't speak to my father either, and unfortunately our mother's very ill. How can I find out if her passport is flagged? And if it is, what does it mean? Will that be a problem returning to her family abroad? (She's decided to travel without her family.) Yet all of this has dredged up some very difficult things from the past. Thanks again for your guidance.
Answer JE,
The only practical way to find out about her passport, at least that I can think of, would be to go to the US Consulate in the country where she has been living. It does seem that when she renewed her passport, if something was going to show up, it would probably have done so at that time.
As for her credit report, if she has had no accounts in the US since she left here, the credit files would be inactive, not necessarily frozen. But if she is not applying for credit now, that should not be an issue.
I understand that there are heavy emotional issues involved here, but I would suggest you & she concentrate on the purpose of her visit here and not let the bygone credit issue hamper you.
