Legal Question in Credit and Debt Law in Georgia

If my roommate used my social security number to start an account what are my options to stop creditors and collection agencies from charging me.


Asked on 7/18/11, 8:14 am

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Contact the local police, and then get a copy of the police report detailing the facts. Then start contacting all the creditors you know about and give them all the facts and the police report. You'll need to check your credit report every few months because there are likely other accounts you may not know about now. Of course, your roommate will be arrested and charged. Should you be thinking about not pursuing charges, you can expect that creditors and collectors will assume the debt is valid and will pursue you, including the filing of a lawsuit, and will ruin your credit for years to come. The long it goes, the more damage is done and the less chance of correcting it.

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Answered on 7/18/11, 8:21 am

Get a police report. You will need that. After you get the police report, write to each of the 3 credit bureaus (Equifax, Experian and Trans Union). Send them a copy of the police report and ask for free copies of your credit report from each of the credit bureaus. Freeze your credit or at least place an extended security alert on your credit report.

See what accounts are listed on the reports and contact the creditors or collectors. If these are not your accounts, write a letter to the collectors, explain that you were the victim of identity fraud by your roommate and send them a copy of the police report. Ask them to send you a fraud affidavit which you will notarize and send back. Ask them to remove this account from your credit once you return the forms. If you don't do this, then the debt will be assumed to be yours as noted by Attorney Riddle, so you are not doing your roommate any favors. Prosecution is up to the creditor, not you. And your roommate wa acreep for doing this to you so I would not have any qualms about making him/her face the music now.

With some creditors (this is very rare), it may be possible for you, your roommate and the creditor or collector to do a three-way chat. Your roommate will have to agree to have the debt be put in his name and he will have to make payments. Get any such agreements in writing.

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Answered on 7/18/11, 12:33 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Get a police report. Then follow up and swear out a warrant for your friend's arrest.

Write to each of the 3 credit bureaus (Equifax, Experian, TransUnion) and send them the police report and request they freeze your credit.

In addition go to Clarkhoward.com or FTC.gov for further steps you should take.

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Answered on 7/18/11, 2:55 pm


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