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Father and son credit card misrepresentation

Boston, MA |

My father and I(we have the same name. I'm the third) applied for a bank of America credit card in Aug '99 at a red sox game. I went off to college later month and my father told me I got denied. I was only 18, so it seemed right. At the beginning of 2009 I started receiving phone calls from debt collectors about non payment. Come to find out the card was actually mine. When I asked for more information they gave me my ss #, but my fathers home address, home phone number, everything was my fathers. There wasn't any clear indication when the card arrived as who was the owner of the card. I tried settling with the collection agency but they refused to put anything in writing. They are now sueing me for 8500 dollars more than the original debt with the cost going up each time. Options?

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Attorney answers 3

Posted

Technically this is credit card fraud / ID theft...You need to answer the complaint that was filed against you. Deny the card is yours, deny any of the signatures on any transactions are yours, wrong address, etc. Did your dad get approved for his own card? Bottom line is you can't just forget about this one...the court could seize your funds/assets and force you to pay/ garnish wages. But given your circumstances you have a great shot at success. You should call a lawyer or research defending against credit card / collections lawsuits. There are tons of resources out there--though I don't recommend using a debt resolution service now that suit has been filed against you.

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Posted

" I tried settling with the collection agency but they refused to put anything in writing."

Aside from the possible identity fraud issue, a creditor who refuses to document the charges claimed is not in compliance with the requirements for debt collection. You need an attorney to address these issues.

Contact the MA and Boston bar associations for referrals to credit law practitioners.

The foregoing is for general information purposes and does not establish an attorney-client relationship.

Posted

You should first consult with a local attorney to explore your rights. This certainly sounds like credit card fraud or identity theft. As time is of the essence, you need to answer the complaint that was filed against you properly denying the allegations that are not true. If you do not properly answer the complaint you could end up with a judgment against you which could lead to garnished wages or other means of collection attempts. Definitely consult a lawyer as soon as possible.

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