Legal Question in Credit and Debt Law in Maryland
Credit Fraud
Recently I requested my credit reports from the three major credit companies. I was shocked to see that family members had ordered 4 credit cards in my name. They don't live with me, nor have we lived together for over 20 years. They have the bills sent to their address, and are in fact late on at least one of these cards. I reported the fraud, but who is responsible for the amount owed? One company acted like I was, but fraud is fraud even if you know the person, am I really responsible for this?
2 Answers from Attorneys
Re: Credit Fraud
You are not responsible for credit cards you did not authorize. The fact that the bills were sent to an address different from yours should be emphasized. Make sure to contact all the credit card companies and all the credit reporting agencies and to get a written response back from all of them acknowleding that they know about the fraud. Insist with the credit reporting agencies that you want the referenes to these cards deleted from your report. Ask the credit card companies for a copy of the original application which should show a signature different from your own. Check out the Federal Trade Commission's web page on Identity Theft. Make sure to keep careful track of and document everything you do.
Re: Credit Fraud
Carefully document all your actions which may include:
1. Sending a letter of protest to the credit card company which, amoung other things,
asserts that the bill is being sent to an address other that yours and that you never agreed to
be bound to the debt in that you never signed an application.
2. Contact the three credit reporting agencies and advise them of these matters. Tell them that you have
the matter in protest with the credit card companies. Tell them that you are making a fraud complaint. Follow the form that you
received from the credit reporting agency and provide all information to make a formal complaint. Insist that they correct the information.
If you encounter any problems with the credit reporting agency, contact an attorney.
3. Contact the Federal Trade Commission and make a complaint of inter-state credit fraud. Consider contacting your local office of the State's Attorney to make a criminal complaint.
Other actions may be needed to fully address identity theft. It is quite possible that other loans have been made which are not showing on your credit report. You need to take assertive action before this problem worsens.
G. Joseph Holthaus III
(410) 799-9002
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