Buffalo, NY asked in Criminal Law and Civil Litigation for New York

Q: Ex pretended to be me in a fake text convo and sent it to my wife. What are my options?

My ex created a fake text conversation between "me" and her using an online program. She had "me" say I wanted to leave my wife and go back to her. She then sent screencaps to my wife, upsetting her greatly. What are my options? Is this identity fraud? Would this be civil or criminal?

2 Lawyer Answers

A: While upsetting, I don't hear a crime or tort here, unless the damages are truly severe, e.g., intentional infliction of severe emotional distress: http://www.nycbar.org/get-legal-help/article/personal-injury-and-accidents/infliction-emotional-distress/.

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A: Technically I agree with Mr. Ebrahimadeh, but a case could be made criminally for disorderly conduct under section 240.20 subsection 7 in that she "created a hazardous or...offensive condition by any act". You can google DA report form for you county and fill it out. Also, civilly, a case for defamation could certainly be made, but your damages would not be overly significant. That said, I would recommend filing a defamation suit in small claims court (although not technically, in NY it is a court of equity, meaning fairness) for $5,000 (the max allowed). It costs only $20, so it is worth a shot. A. Your ex could end up not appearing and you would be awarded a default judgment or B. You simply state the above to the judge and hope he rules for you "in equity"; basically the argument is that your ex is a snake who illegally impersonated you and disrupted your family. C. It might not get to a judge but rather an arbitrator (in fact you have to say "by the Court" and appear multiple times for it to get to a judge) who will arrange a settlement. D. You can get injunctive relief barring your ex from doing this or something similar again . --- Thus, I would recommend, if anything, filing a small claims suit...you get nothing from filing criminal charges and either it will be dropped or the DA will refuse to prosecute. Filing in Civil Court ($5000-$25,000 claims) or Supreme Court (claims above $25,000) would likely not be worth your time and/or money and you would likely need a lawyer...plus they go directly by the CPLR and the NY Substantive law without taking equity into account.

Throw down $20 and see what happens

Aubrey C. Galloway III, Esq.

Barry E. Janay agrees with this answer

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