Legal Question in Credit and Debt Law in California
Re/ stop creditor harassment!
I had first contacted Bank of America and told them that I do not have any credit cards or visas. I did not charge any credit cards and I am not liable to pay for this since I didn't sign an authorization or anything afterwards. The bank and I resolved the situation directly (on March 20, 2001). I made it completely clear to their creditors that there is no payment arrangement.
I also disputed the credit item and wrote to clear my name to the three credit bureaus. The investigative reports shows that I am a victim of identity fraud. Some one in California has used my social security number and name to illegally open an account. The fraudulent account was removed from my credit report on September 18, 2001.
However, on May 18, 2003, (nearly two years after) a third party collection agency for Bank of America filed a lawsuit claiming that I still need to pay them after it was determined that the credit account was fraudulent. I have tried on many occasions to clear this problem yet it seems that I am getting nowhere with it.
In closing, I welcome the suggestions that any of you might have on ways I can address and solve the difficult problem. I must find solutions and find them soon.
2 Answers from Attorneys
Re: Re/ stop creditor harassment!
If somebody sued you a year ago, the time to consult an attorney was a year ago. You might then have filed a countersuit against BofA and/or the collection agency. Now may be too late. Or maybe not. What are you waiting for?
Re: Re/ stop creditor harassment!
What happened to the lawsuit. We would have to review your documentation and the lawsuit to advise you of your options.
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