Asked 5/12/2106 – Georgetown, TX

My mom recently got a notice of someone that opened a credit card account with a bank in Texas,(Where my mom also lives). The bank sent a notice to my mom’s physical address stating that an account had been opened and that more paperwork/confirmation of the account needed to be filed. When my mom called she was informed that a credit card had been opened in her name, but that the person that opened the account had used an email, and phone number that did not match the information on the fraudulent account. The bank they agreed to freeze the account and cancel the card/account. When she asked for the application information and the bank action statement for the account, she was told that in order to obtain those she would have to hire an attorney and then have the account documents subpoenaed. I would like to know what the step by step process is for this and any other useful legal advice on this matter.

Answer

You should let law enforcement handle this investigation. If you did obtain a copy of the application, what would you do with it? Turn it over to the police! File the identity theft charge with the police. At some point, your mother will discuss the specifics with an investigator or detective who can gain access to materials much more quickly and at for less cost. Also, run a credit check with the 3 major reporting agencies to determine if any other accounts have been opened in her name.