Legal Question in Credit and Debt Law in New York

Credit card fraude

My grandmother had her idendity stolen while she was dying. A discover card was taken out. She past away on 10.30.2000. My grandmother never had a credit card in here life.

I just found this out a year ago. I requested the original

application and when I compared it to her passport the signitures do not match.

I am being told that the signuture is not enough to consider it fraude. Yet most of the information on the application is incorrect.

My question is according to the law firm the judgement was entered in 2001. No one got served, not my grandmother becaused she had passed no her estate.

Can this be challenge in court? How canI clear this up?


Asked on 10/06/06, 9:24 pm

3 Answers from Attorneys

Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Credit card fraude

It can be challenged in court, yes.

But don't waste your time/money.

The credit card co is out of luck as you/no one is responsible for this debt EVEN IF it was valid.

Your Grandmother's estate would have been if she had any assets/$$ in her estate. But, those assets would have been distributed to her heirs already.

Don't let them tell you that you/someone are responsible to pay. You are not.

I would tell them in writing not to contact you/family members again and then ignore them. They will eventually go away.

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Answered on 10/07/06, 6:39 am
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Credit card fraude

If your relative died in 2000 there is no way that a judgment could have been properly entered in 2001 because of the requirement that she be served with a summons and complaint. It makes no difference (as Ms. Palazzo states) because if your relative died in 2000 it is more than likely than any assets she had were distributed to her heirs and NO OTHER PERSON IS RESPONSIBLE FOR THE DEBT. As Ms. Palazzo urges, WRITE to the collection attorneys and warn them NOT to contact you again. You should MAIL the WARNING to them Certified Mail RETURN RECEIPT REQUESTED

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Answered on 10/07/06, 10:34 am
Jason Stern Law Offices of Jason Stern

Re: Credit card fraud

I don't know what the status is of your grandmother's estate, but if the estate was never properly served and you believe the account was opened fraudulently, you have excellent grounds to vacate the judgment. If you need further assistance with this matter, you may contact me via email.

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Answered on 10/06/06, 10:15 pm


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