You need to meet with a consumer attorney and bring to them what paperwork/correspondence you have received from the credit card company. I would also recommend running a credit check with the three major credit reporting agencies to determine if this line of credit has been reported and is damaging your credit score. You can find consumer attorneys in your area at www.naca.net
This is not to be considered legal advice nor does an attorney-client relationship exist.
I am sorry to hear of your troubles. As a previous victim of identity theft, I have some idea what you are going through at this time. I have also been involved in hundreds of hours of litigation with the credit bureaus and obtained a multimillion dollar jury verdict against Equiifax so I have considerable experience with this problem. See http://www.fortheconsumer.com/in-the-news.htm
You should file a police report if you have not done so already. In my experience, I have not seen a high priority to prosecute identity thieves. If there is a prosecution, the court has authority to issue orders to correct public records. See Section 817.568(9)(b), Fla. Stat.
You should review your credit reports ASAP. It would probably be a good idea to review your credit report prepared by Equifax, Trans Union, Experian and Innovis. You can get the first three so for free once a year by calling 877-322-8228. It is a lot simpler and quicker than jumping through all the hoops on the internet and you do not risk mistakenly agreeing to waive your right to a jury trial by arbitration. Please be sure to stay on the line until you have ordered all three reports. You can order your free copy of your Innovis report by calling 1-800-540-2505.
If there are errors on your credit report, you should consider disputing with the credit bureaus who claim you owe a debt. You should be as detailed as possible. Hopefully, that will take care of the problem or at least help. Because you have advised that your case involves identity theft, you should file a police report and also complete a fraud affidavit from the FTC to submit to the credit bureaus along with your dispute. I strongly recommend that documents be sent to the credit bureaus rather than calling in your dispute or disputing online. In my experience, the credit bureaus take document disputes a little more seriously. If you do not dispute with the credit bureaus, it makes a case against the credit bureaus much more difficult. If you contact my office via email, I can provide a free instructional letter that helps you draft a dispute to the credit bureaus.
You should request that the credit bureaus give you an EXTENDED fraud alert on your credit reports.
If there are errors on your credit report, you should also dispute with the furnishers who claim you owe a debt. If you contact my office via email, I can provide a free debt validation letter. In your disputes, as set forth in my instructional letter, you should be as detailed as possible.
If the credit bureau, creditor or debt collector writes back requesting more information, you should provide that to them even if it seems to be a stalling tactic or nonsense. If you do not, they will take the position in any litigation that you failed to mitigate your damages. Most judges and juries are going to expect you to use your best efforts to solve the problem.
If after you dispute to the creditors and the credit bureaus, the debt collectors continue to try to collect the identity theft debt by sending you dunning letters or by placing or leaving items on your credit report, then you probably have a claim under Florida's Consumer Collection Practices Act and/or the Fair Credit Reporting Act.
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If you follow the creditors dispute procedures, submit a police report and an accompanying affidavit then you are entitled for the creditor to conduct an investigation. If the creditor finds that it is a fraudulent account that you did not open or authorize and did not confer a benefit, then you will be entitled to the deletion of all the reporting and that the collection efforts will stop. If you can accomplish this on your own, you may not need the assistance of an attorney. If the creditor is uncooperative or finds the investigation against your favor, you should consult with a consumer attorney for further assistance. You do have rights, you should not be held responsible for a fraudulent account.
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