Legal Question in Credit and Debt Law in Georgia

Your father is a criminal. You face the choice of having to accept the card as yours or putting your father in prison. You cannot resolve this "with filing papers."

To pursue this, swear out felony criminal charges in Mississippi. Push to have him arrested and tried and do not back down. Once you have done that, and you must act as soon as you found out, get the police report. Then contact the bank advising them that you are the victim of identity fraud, attach the police report and challenge the item on your credit reports. The bank will also want affidavits and they may also pursue your father.

What Attorney Ashman relates is probably correct, although I do not think that you have to pursue the criminal charges. You can, but you need not. However, you must make a report to the police in your area. Don't let them tell you they are too busy or give you an excuse. Find out who the identity theft officer is for the station and make them take a report so that you can either freeze your credit or put an extended security alert on your credit report. Once you have the police report, you will need to get your credit report and then contact the creditors/debt collectors who now have this debt. They will provide you with fraud affidavits. You will have to fill them out and get them notarized. It will then be up to them to pursue your father.

As an alternative, if you don't want your father to go to jail, you and he can have a conversation with the creditors. They may be willing to remove this from your credit report (no guarantees) and put this in your father's name provided that he is willing to accept responsibility for this account and start paying on it. However, if he was a crummy enough parent to do this to you to begin with, my guess is that he will not do the right thing now.