Legal Question in Credit and Debt Law in Illinois

Sue Car Dealership and Auto Manufacture for negligence from Credit Fraud

I was the victim of credit fraud. Someone walked into a car dealership with a fake ID and purchased a vehicle in my name. None of the information on the credit application, or the perpetrator identification matched my information (as reported by all 3 credit bureaus). The dealership and the financing division of the car manufacture never bothered to verify the information given by the thief. It has been almost a year later and nothing has been done to fix my credit, or remove the credit fraud from my name. Can I sue the Car dealership and the car manufacture for negligence? I feel they were party to the credit fraud for not verifying the identity of the thief.


Asked on 4/04/03, 12:10 pm

4 Answers from Attorneys
Thaddeus Hunt Law Offices of Thaddeus Hunt

Re: Sue Car Dealership and Auto Manufacture for negligence from Credit Fraud

Yes, you have a chance at recovery whether through a lawsuit or through settlement with the dealership. One of my areas of practice is commercial litigation. I would be interested in hearing additional details regarding this unfortunate event. I may be reached at (312) 236-9906.

Very truly yours,

Thaddeus J. Hunt, Esq.

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Answered on 4/04/03, 11:03 pm
Kenneth J. Ashman Ashman Law Offices, LLC

Re: Sue Car Dealership and Auto Manufacture for negligence from Credit Fraud

I agree with the other responses; however, I think it is important also to take affirmative action against the credit reporting agencies, since your question seems to indicate that you have already contacted such agencies to no avail.

-- Kenneth J. Ashman; www.AshmanLawOffices.com

This communication is intended for general informational purposes only and is not intended to create any attorney-client relationship, which, under the policies of Ashman Law Offices, LLC, can only be created by execution of a formal retention agreement.

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Answered on 4/05/03, 1:12 am
John Bator Bator Redman & Shive

Re: Sue Car Dealership and Auto Manufacture for negligence from Credit Fraud

Generally the answer is yes, if the dealership was negligent and did not observe the satndard practices of care and you can prove it, you could conceivably recover damages. I would suggest meeting with a commercial litigation attorney who understands credit and can litigate as well. It may be that a well crafted demand letter may get you the relief you seek before resorting to litigation

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Answered on 4/04/03, 3:36 pm
Mary McDonagh McDonagh-Faherty Law Offices

Re: Sue Car Dealership and Auto Manufacture for negligence from Credit Fraud

Yes, I believe you have grounds if you can prove it. Start by getting an attorney to write a letter - it's relatively cheap and can often be a good scare tactic to get somebody to do what they should have already done.

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Answered on 4/04/03, 4:16 pm


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