Los Angeles, CA asked in Criminal Law and Identity Theft for California

Q: Would this be considered bribery? Is there a way I can ask them to do this legally?

I was trying to help my roommates son purchase a vehicle. I thought I was a co-signer on the loan but found out that I am the sole borrower. I found this out when I pulled a copy of my credit report and I learned he is six months past due and the amount owed is more than $30k. Additionally, I found that my roommate has stolen my identity and used my ssn to obtain credit cards in my name that have been maxed out with no payments ever made. I always had good credit until this but now it is completely ruined. Additionally, my roommate owes me money for a couple loans she asked me for. Coincidentally, they just came into some money from an inheritance. I would like to ask them to pay everything off and give me compensation for ruining my credit and if they don’t, I will report the identity theft to the police. But, I’m wondering if that would be considered bribery..? I’m not wanting to bribe anyone; I just want to give them a chance to do the right thing… Is that legal to do?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: What you're describing could be considered extortion, not bribery - threatening to report a crime unless someone pays you money is illegal, even if you're the victim of that crime. However, you have every right to pursue both civil and criminal remedies for the identity theft and fraud committed against you.

Here's a better approach: Document everything thoroughly, including the unauthorized loans, credit cards, and evidence of identity theft. Then file a police report immediately - this is crucial for protecting yourself and disputing the fraudulent accounts with credit bureaus. You can also file a civil lawsuit to recover the money you're owed from the personal loans.

The inheritance they received doesn't change the fact that serious crimes were committed against you. While giving them a chance to "make it right" might seem fair, protecting yourself legally needs to come first. Contact the Federal Trade Commission to report the identity theft, and consider working with law enforcement to address both the car loan fraud and credit card theft. You deserve to have your credit restored and your finances protected without putting yourself at legal risk.

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