I have been getting mail and phone calls for the longest about credit cards that are in my name that I never used or even knew about. I am 26 years old and these credit cards were taken out when I was 15-17 years old. I know it was my mom, shes admitted it to me before. I have a judgement against me from one and even went to court to quash garnishment but the judge favored the collection agency because I didn't show cause that I cannot pay it. But I didn't know that it not being me that opened or used this card wasn't enough to stop it. I basically don't know what to do to get this off my credit report, I am willing to file charges against her but I tried that years ago and was told by the officer he can only make a case number without proof. Any ideas on how to go about fixing this?
If they are not your debts, they should not be on your credit report. You are the victim of identity theft, not only by your mother, but also by the credit furnishers and the credit bureaus. You should dispute the debts with all 4 credit bureaus (Equifax, Experian, Trans Union and Innovis). Attach an affidavit of fraud. However, the fact that there is a judgment against you for one of them may hurt - you need to get that vacated - contact a local attorney. I do not practice in Iowa, but in most states, if you were not served with the lawsuit and have a defense to the debt (i.e., it is not yours), you can get the judgment vacated. Once vacated and dismissed, you should follow up with the credit bureaus with that information.
It is unlikely that the credit bureaus will voluntarily remove these without litigation. However, if you can show that these are not your debts, and follow the proper procedures, you should be able to prevail in a lawsuit, and not only get the erroneous reporting removed, but also recover damages and attorney fees.
File a police report and submit that to the credit bureaus for a fraud alert and dispute. You will need to know all accounts that were fraudulently opened. Probably nothing you can do about the judgment since you didn't defend against it when the case was initially filed. Bankruptcy would be another option to clean out all of the negative accounts and judgments.
This should not be considered legal advice, but rather simple information. You should consult a lawyer to review your unique situation. No client-lawyer relationship exists until you sign something indicating there is.
Start by reporting the fraud to every credit card company which claims to have an account in your name. Then, report the identity theft to all three major credit reporting agencies by filing a statement in your account. Finally, locate and consult with an experneicned bankruptcy attorney to discuss whether a bankruptcy solution makes any sense.
Best wishes for a favorable outcome, and please remember to designate at best answer.
This answer is offered as a public service for general information only and may not be relied upon as legal advice.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline