Please help me! My ex filed tax forging my signature

[user19000 18]

So you are going to report an identity theft that you don't even know if it happened? Did you get your tax transcript yet?

I did report it, not just am going to. And I know what happened: my ex husband filed his tax return jointly without my knowledge.

I called the IRS and they pulled up the transcript and told me that was the married filing jointly one. They said they would mail it to me and it would arrive in about 10 days.

[user19000 18]

I would take him to the court and file a law suit. It happened to me. I sued him. Just take him to the court.

Oh, but he lives in Pennsylvania and I california. Would I have to file in a Pennsylvanian court? I couldn't afford that, Leilabird. And I couldn't afford an attorney. I couldn't afford seeing his face again either or him knowing my whereabouts.

What happened to the suit you filed?

[leilabird 18]

We lived in the same state so I just filed a law suit to the small claim court.

In your case, you guys live in different states. So go to the federal court. You don't have to go to Pennsylvania.

You don't have to have a lawyer to do that. It would have been a bit easier if you had one.

The federal court clerk will tell you how to file.

I paid 120$ to file that law suit. But Every state varies. I'm not sure how much you have to pay for Federal court.

The clerk will issue a court date and send it too your ex's husband's address. While you're waiting, please do your homework like go to IRS and prove that you didn't work and never claimed tax refund this year.

Edited May 26, 2014 by leilabird

[belinda63 3,041]

What are you going to sue him for? I guess you could claim you are entitled to half of the refund since you are still married. That won't solve the base problem which is your financial aid issue.

Once you have a copy of the tax return showing he filed MJF and the IRS accepted the MFJ return you need to contact the IRS and file form 3949-A http://www.irs.gov/pub/irs-pdf/f3949a.pdf. for him claiming false exemptions. You want to include a copy of your tax return where you filed MFS with this. Include a cover letter or explain in the location on the form that you and your spouse are separated and you did not agree to file jointly with him. State that you filed MFS and he filed MFJ without your knowledge or permission.

[leilabird 18]

I asked for 560$ in my law suit. Judge's verdict was on me.

[leilabird 18]

Oh you'd better sue him. Forgery is a serious crime. And you are a victim. If he gets convicted of forging signature then he is in a deep s h it. Its a felony.

You should contact police department and IRS first

[user19000 18]

What are you going to sue him for? I guess you could claim you are entitled to half of the refund since you are still married. That won't solve the base problem which is your financial aid issue.

Once you have a copy of the tax return showing he filed MJF and the IRS accepted the MFJ return you need to contact the IRS and file form 3949-A http://www.irs.gov/pub/irs-pdf/f3949a.pdf. for him claiming false exemptions. You want to include a copy of your tax return where you filed MFS with this. Include a cover letter or explain in the location on the form that you and your spouse are separated and you did not agree to file jointly with him. State that you filed MFS and he filed MFJ without your knowledge or permission.

No, Belinda. I never said I am going to sue him. And I've never been interested in getting any of the refund, even if it was a million dollar deal.

I'm just at a loss of what to do next if my separate return still won't be accepted.

I made a report to the police because the IRS told me to. But now what? What is going to happen next?

Are the police going to do anything to him? Will they contact me again? Will my ex find out about where I live now? I don't know how to feel. I don't try to protect my ex but somehow I hope the police are not going to contact him. It scares me to death thinking of what he might do to me after that if he finds out that I'm still here. What if he continues to use my SSN for other fraudulent purposes?

My ROC is pending. Will this make the process any more complicated for me when it comes to the FBI background check? I never wanted to have ever to deal with the police, even when I'm the victim. This is a real nightmare.

What is supposed to happen after a police report is filed?

[belinda63 3,041]

If you leave it at just filing a police report probably nothing will happen. I advised you a few post up what you need to do to get your tax return fixed. You need to deal with the IRS. The local police have nothing to do with the IRS.

[user19000 18]

Oh you'd better sue him. Forgery is a serious crime. And you are a victim. If he gets convicted of forging signature then he is in a deep s h it. Its a felony.

You should contact police department and IRS first

Thank you for sharing your experience, Leilabird.

I did contact both of them. I'm just trying to protect myself. It's absolutely ridiculous that it's me who have to do all this while I'm not the one who started it. It's none of my fault. It's so easy to mess up someone's life. I don't have a car, I don't have a phone, I don't have more than enough money to literally survive on, so even protecting myself seems to be something close to mission impossible. Imagine walking in the busy roads of California, in the sun 7 miles a day with a badly injured knee, borrowing your landlady's phone to make call to the IRS, spending $25 on a copy of the police report, $5 to send certified mail to the IRS every time you need to provide them with proof of your innocence, paying someone to scan the documents... while living on like $15 or less per week.

THIS IS CRAZY!!!

Edited May 26, 2014 by user19000

[leilabird 18]

Why are you scared of him? Is he abusive or violent? Why don't you file a restraining order. You should not have to live in fear. If you're living in poverty, you can go to a women's domestic violence shelter and ask for help. Domestic violence shelters provide social and therapeutic services.

If you make a request, the police wouldn't let hI'm know about your whereabouts. It's confidential.

[user19000 18]

If you lived with my ex you'd understand my fear, Leilabird. A restraining order doesn't save you from being shot. If someone is determined to hunt you down and kill you a piece of paper from the court ordering him not to come close to you doesn't stop him from doing that.

Yes, I could have gone to a women's shelter while in Pennsylvania but my pride was in the way.

[amuna0526 11]

Did you file an Identity Theft Affidavit form 14039?

[amuna0526 11]

When did you move away from him?

[user19000 18]

When did you move away from him?

About a year ago. Why, Amuna0525?

[Fan_Dancer 171]

I think it is the IRS that you have to deal with.

Have you seen this:

http://www.irs.gov/Individuals/How-Do-You-Report-Suspected-Tax-Fraud-Activity%3F