Someone opened up a account in my name and i didnt sign the papers am i responsible?

Asked over 4 years ago - Stockton, CA

My girlfreind opened up a store and her credit was bad, so some how my name and information ended up on a credit card machine contract. This company harassed me for money to pay the bill or send it to collections. I paid them the money to keep it out of collections and finally got them to send me a copy of the contract. NOT my signature at all, my girlfreind says she did not sign the paperwork with my information on it and fake signature. There is another guys name on there from the bank that this account was started from. The company wants me to file fraud charges, what do i do? My credit is trashed because of this issue. There is evidently two contract signed that day with what is suppose to be my signature and one of them was on a no cancellation contract. What can i do?

Additional information

Is there legal action I can take against the credit card machine company and the bank that allowed this to happen without verifing with me personally? One of the company said they cannot be touched. I understand that who ever did this to me has cost me alot, and I need to know what to do and what action needs to be taken at this time. Not to sound to absurb, but I find it hard to beleive that a bank and a company will just start writing contracts out without checking with the individual first to verify this is about to happen. Shouldnt they be held responsible for making the sale on the account and not checking the information?

Attorney answers (2)

  1. Steven Alan Fink

    Contributor Level 20

    Answered . File a fraud charge, then send a copy to the 3 credit reporting agencies and ask them to remove the account from your credit file.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

  2. Pamela Koslyn

    Contributor Level 20

    Answered . Separate from any action against the credit card issuer for damages, your priority is to report the identity theft to stop additional damage. Please see the link below.

    Then dispute the entire acount with your issuer. Correspond with them via certified mail, return receipt requested, so you have proof of receipt, and get this escalated within their fraud department so someone actually investigates this. It would also help to enlist a lawyer to keep them on this until it's fixed.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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