Legal Question in Credit and Debt Law in California
loan and identity fraud
My daughter has opened a car loan in my name without my permission by obtaining a copy of my driver license and social security card. this now lead to a vehicle repo and bad credit on my credit report. How do I remove it and is their jail consequences for her if she is named. She has no piror criminal record no assets to collect from. The place where she got the car from in my opinion may have known it was not her ID etc. I will retain an attorney if necessary to remove this fraud.
3 Answers from Attorneys
Re: loan and identity fraud
Jail time is possible. Your first step is to file a police report. Then you will write letters to the dealer, the credit companies, and the debt holder. You may then wish to sue the debt holder and the dealer.
Re: loan and identity fraud
Maybe an attorney could convince the auto finance lender to put the repo under your daughter's credit so you do not have to file an identity theft report (which would probably lead to criminal charges).
Re: loan and identity fraud
Yes, if you try to remove the fraudulent conduct from your credit reports, your daughter could be charged with identity theft. However, you may want to retain legal representation ASAP to have a skilled attorney negotiate with the dealership at issue to clean this entire unfortunate situation up privately and not on public record per se. For such swift assistance, contact our Law Firm asap.