Fraud or not fraud??
Date: Tue, 03/25/2008 - 19:09
I have an unusual situation and I am at a loss on what I should/can do.
Today I received a phone call from Creditors Exchange informing me that a summons would be sent out to me on Friday from my county courthouse regarding case ###. Then she asked me if I knew anything about this case and lawsuit? She insinuated she was from a law firm and was trying to help. She knew that the debt was not mine so she wanted to give me heads up on what was happening. She informed me that since my ssn was attached to this credit card that if I did not do something about this default loan mine and my husbands accounts, credit cards and etc would be frozen. She told me my options were to pay the out of court settlement amount or file a fraud affidavit within the next two days.
The debt is not mine, it is my step-fathers. In July 2000 my step-father co-signed with me on a small car loan. For some reason Bank of America then sent him/us a pre-approved credit card as a joint account with me. He proceeded to open this account without my approval. Months later he did inform me that the account existed and that he had a card with my name on it. I told him I was not interested and did not think this was a good idea and to please close the account. He said that he would. A few years later I was declined for a credit card so I checked credit report and discovered that he never closed the account and that he was late on payments. I contacted Equifax explaining my case. They could do nothing and sent me to Bank Of Amer. Bank of America said that I would have to file charges to get my name of the account or we could close the account. The papers to close the account arrived, I filled them out & sent them to my step-father to complete and send in. Long story short I made several more phone calls, sent more letters nothing could be done unless I pressed charges or my step-father agreed to close the account. Now he has defaulted on the card and Creditor's Exchange says that I am liable or I have to press charges. They contacted me explaining to me that they know I have nothing to do with this and yet they claim that they can freeze all our accounts.
Obviously I am not comfortable with pressing charges. My step-father and mother have far less means that my husband and I. This situation has not "impacted" our lives until now. If this company knows I am not liable can they still legally sue me? If I have to go to court and explain myself can the OC or AC actually press fraud charges on my step-father?
If anyone did not fall asleep reading this or actually made through the entire post and has any advise it would be greatly appreciated!
RK in MA :?
I'm really not sure on how to advise you on this myself, I would
I'm really not sure on how to advise you on this myself, I would strongly suggest seeking legal council on this one. Sorry I couldn't be of any more help to you.
The only way your going to get out of this one without paying is
The only way your going to get out of this one without paying is to file a police report.
Fraud or not fraud??
Thank you JCEMT & FYI.
A police report or writing a check are my only options?
We can easily pay the 6 thousand, but we shouldn't and that is a decent sum of money to toss way... Maybe I should take a poll... What would you do? HA! :lol:
fraud or not fraud??
It's not really funny, but what can you do but keep your sense of humor in these situations?
Thanks again,
RK
Do you have any kids? I would say this qualifies for free babysi
Do you have any kids? I would say this qualifies for free babysitting for life.
They have not filed a lawsuit, or they would just serve you with
They have not filed a lawsuit, or they would just serve you with the summons. I believe they are lying, which is a violation of the fdcpa. You can easily check by going down to your county courthouse and asking for the "Defendant's index", and looking up your name. If you are listed, it will give you a case number. Give the clerk the case number and you can see the lawsuit filed against you. In that case, you must file a written response with the court.
Unless you signed an application or contract for the credit care, you are not liable, even if it was a so-called joint account.
Send a debt-validation letter to the collection agency, and specifically ask for a written contract with your signature. If they cannot come up with one in time, you have nothing to worry about. Include a "cease and desist contact" in the debt validation letter.
I have been in the SAME situation with a family member. You can
I have been in the SAME situation with a family member. You can file an identity theft report with the police department and you DON'T have to give them anybody's name. All you're looking for is the report number, which the CA should accept and close the account.
Creditors Exchange called some of my family members and used pro
Creditors Exchange called some of my family members and used profanity towards them, they then callled my wifes cell phone and told her they would file charges against me by 2 PM. I sent them a cease and desist letter along with a notice that I intended to sue them for all the fdcpa violations they had committed. I haven't heard anything more from them.
They tend to stand down (at least for a while) when they find th
They tend to stand down (at least for a while) when they find that the consumer they are messing with knows their rights.
very good info cdollar!!!! I have seen and heard of cases in i
very good info cdollar!!!!
I have seen and heard of cases in identity theft when you actually didn't know who did it and wasn't a family member...these companies still treat everyone the same....they act like it is your fault and you are responsible because you are the person they called and they just happen to have your phone number..I am glad you know your rights and just wish more people did!
Bank of America is in the wrong for sending out unsolicited cred
Bank of America is in the wrong for sending out unsolicited credit cards. I would persue that for a start. Or maybe he filled out the credit card offer, adding your name.
If the call from a "law office" you spoke of was about a co-signed loan, you could be held liable, but as one guest on here said; real collectors don't usually give advanced notice of a summons. The collector was probably just using all that as tactic (illegaly).
law student you are such an awesome member of this site!!!
law student you are such an awesome member of this site!!!
Indeed Socks, it's really nice having people on here that have l
Indeed Socks, it's really nice having people on here that have legal experience (mainly Law Student and Sky Diver)
Speaking of which, I wonder where Hockey Man has gone too. Haven't seen him on here in a long time.
I was wondering about him just the other day. Hope he's doin' al
I was wondering about him just the other day. Hope he's doin' all right.
I too hope is okay and doing well...he was always very respectfu
I too hope is okay and doing well...he was always very respectful.. even when I disagreed..and asked perhaps to him..stupid questions as a layperson...I don't surf the whole site and didn't know hockeyman is no longer here..maybe just busy and taking a break