Do I have to prosecute to have fraudulent activity removed from my credit report?
2 attorney answers
You do file a notice, as you did with the credit card company. And, it is correct that under the Fair Credit Reporting Act, the credit bureaus would be required to remove this information from your credit report, and must respond to you . They have to respond to you within 30 days; however, you may want to reconsider "whether you would prosecute, or not." Too many times, there might be family complicity in defrauding a credit card company, and electing to not prosecute for something clearly blameworthy, plays right into this concern. The prosecutor will listen to you, and more likely than not, she/they would not "go to prison." There are many alternative ways that the court, a prosecutor, a judge, can handle these things. STET docket (to stop the activity and control their conduct for the coming year, or it can be prosecuted), Probation Before Judgment (if they have not done this before), Community Service, suspended sentence, etc. Many ways, all with a goal of stopping this conduct, whether to you or to someone else.
No. In order to have this fraudulent activity removed from your credit report, you do not have to "prosecute." The credit card company has a duty to remove the fraudulent activity, and in this case, to also close the account. Once that is done, you should dispute the account with all three major credit reporting agencies. Under the Fair Credit Reporting Act, the credit bureaus would be required to remove this information from your credit report. They have to respond to your dispute in writing within 30 days.