Legal Question in Consumer Law in California
Identity theft
About 7 months ago I ran a copy of my credit and found tha someone had used my name and Social Security Number to Open an account at Bally's in Dallas TExas. In addition, the account was turned over to a collection agency for non payment. Although I have provided ample proof (their request was for 5 sample signatures and a copy of my California Drivers License), they absolutely refuse to remove the derogatory info from my report. It caused a problem when trying to refinance my house. Because I felt there would be no problems resolving the issue, I sent a letter to the Collection Agency giving them my correct address and work and phone number. Because of that, I now get threatening calls from the collection agency at work. 2 of The credit Burueas removed the info after I disputed the account, but since then I have received letters from them that the information was in fact verified, and that the collection agency has just found me as I was listed as a skip. Ballys or The collection agency will not send me a copy of the origianl application completed fraudulantly because I am disputing it, however they will not remove it from my file. Can I hold anyone accountable for their neglegence? What can I do??
1 Answer from Attorneys
Re: Identity theft
File a police report with your local police. Then provide a copy of the police report to the collection agency. The obtaining of a police report gives you specific rights under California law. Do a search of California law for "identity theft" at www.leginfo.ca.gov .