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Fraud or not fraud??

Date: Tue, 03/25/2008 - 19:09

Submitted by anonymous
on Tue, 03/25/2008 - 19:09

Posts: 202330 Credits: [Donate]

Total Replies: 15


Hi

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 :?


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:


lrhall41

Submitted by on Wed, 03/26/2008 - 06:31

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It's not really funny, but what can you do but keep your sense of humor in these situations?

Thanks again,
RK


lrhall41

Submitted by on Wed, 03/26/2008 - 06:32

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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.


lrhall41

Submitted by on Wed, 03/26/2008 - 06:57

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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.


lrhall41

Submitted by on Wed, 03/26/2008 - 11:47

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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!


lrhall41

Submitted by socksfullofrocks on Sat, 03/29/2008 - 01:04

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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).


lrhall41

Submitted by Law Student on Sat, 03/29/2008 - 20:55

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