Legal Question in Credit and Debt Law in California
Victim of Credit Card Fraud
I was a victim to Credit Card fraud. After contacting the creditor, I found the person who commited the fraud; and per instructions of the ''creditor'', I filed charges, took the indicidual to court, won the case. The court ordered the defendat to make payment to the court.
Now the ''creditor'' has sold the valance of the fraud amount on the credit card to collections agencies. When I contact the ''creditor'' they say the account is no onger on their files. Every time I contact a collection agancy, they just sell the account to someone else. Mean while I have a collection showing in my credit report.
Can I file suit againt the creditor?... How can I stop my account from being sold to the next agency?...and How can I take that negative information off my credit report?
3 Answers from Attorneys
Re: Victim of Credit Card Fraud
Send by certified mail a copy of the judgment and a letter explaining what is happening to the creditor. Tell them to stop assigning the matter out for collections and to clear up your credit report. Also, go file a police report on the identity theft. Include this in your letter to the creditor. Send the police report to the three credit reporting agencies with a letter of explanation as well. They are required by CA law to then block the offending creditor's trade line permanently.
With respect to the debt collectors, in a certified letter, ask for verification of the debt and dispute it each time they pass it off to a new collector. Send them copies of the police report and judgment too, and tell them in writing to stop calling you.
If the problem continues, seek out a consumer lawyer. Good luck.
Re: Victim of Credit Card Fraud
You may have a lawsuit against the collection agency under the Federal Fair Debt Collection Act. The case may also be past the statute of limitations. Please fax me any documentation you might have to 714 363-0229 and I will provide you with free consultation.
Re: Victim of Credit Card Fraud
Have you written letters to the creditors yet? Make sure you do so if you haven't. It is important to have some sort of paper trail to prove that you have actually notified the creditors of your situation.
Please contact our office at (818) 249 - 5291 and ask for Amy Wang or Rachel Garrison for a free consultation. They are paralegals at my firm and will take your call immediately. Thank you.
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