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My husband's credit card debt on my son's credit. They have same name. What to do to have it removed from son's credit.

Las Vegas, NV |

Have used this card for 11 years. A question arose 4-5 years ago that it was my son's card. Thought we had it settled. My husband is ill and unable to work, as I write this he is in hospital having suffered a stroke. My son was denied a auto loan because debt shows on his credit. Last November I went to debt settlement company because bills were overwhelming me, We were never late in 11 years. And had paid down a balance of 24,000.00 to 10, 000.00 before trying to consolidate debt. Can't have my son's credit affected.

Attorney Answers 3


He needs to file written disputes with the agencies reporting the error; phone calls won't do.

And debt settlement companies usually lead to unhappy endings . . .

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The previous response is correct there are procedures for disputing credit reporting under the Fair Credit Reporting Act. There are attorneys that specialize in this but you can also spend some time online there are many internet resources that can help you. You might also be able to go to the source, the credit card company, and inquire into their reporting process. The original credit application, if it is available, would identify the name and SSN of the actual applicant which would be a way to distinguish your son and husband. Also, if a debt collector is trying to collect from your son, he can dispute the debt under the Fair Debt Collection Practices Act. Good luck to you.

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As someone who ran into this problem around 23 years ago (when I turned 18), because I have the exact same name as my father except the ", II" after - your son needs to dispute this with the credit reporting agencies and notify the creditors that they are incorrectly reporting it on his credit report.
Your son also needs to put a permanent statement on each of his credit reports akin to "Do not confuse this person with someone of a similar name such as his father, verify social security numbers and full names including suffixes." That was on my credit report for about 10 years before I stopped getting my dad's accounts crossing over into my credit report, including a report of a bankruptcy back when my parents had to close their business around the time I turned 18 and it showed up on my report.

Third, what I did way back when also was I asked for, and received, letters from various credit card companies where they confirmed that account number XYZ was NOT an account of William Charles Devine, II having a last four social #ABCD. When I would go finance a vehicle I pulled out those letters and showed them to the finance manager so he would remove that from their consideration and adjust their decision and interest rates based on the corrected information. The negative reports fell off after the usual 7 years but I kept the warning statement on for a few more years after that.

Second, I agree with Richard about debt settlement companies - they rarely are as successful as you want them to be, and without an attorney to defend you in the collections lawsuits that will no doubt come up, you'll pay extra to defend the lawsuits because the debts aren't settled quick enough.

Good luck,
William Devine, II
Rainey Devine

I am an attorney, just not your attorney (yet). Any answers here are to be deemed informational unless and until you retain me as your attorney for actual legal services and legal advice. I offer free in-person consultations so feel free to contact me offline by email or phone. If you like my answer, please hit the thumbs up button.

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