Legal Question in Credit and Debt Law in New York
Credit Card Mixup
My son recently discovered two credit card accounts on his credit report that were not his. They turned out to be accounts that my husband had opened for us sometime in late 1995, early 1996. (My husband and son both have the exact same first, middle and last names and for many years, the same address.) I continued to use the credit cards after my husband died. (I was listed as an authorized user on both accounts)and I recently fell behind on payments. They started hounding my son for payment. He tried explaining to them that they were not his and that we were in the process of having them removed from his credit reports. Both accounts talked my son into filing fraud claims saying that was the only way to remove these accounts from his name and off of his credit reports.
However, they are still harrassing him for payment. He has excellent credit and now he is receiving letters and calls for collection. How can we stop this from happening? He filed the paperwork they asked him to and yet they still continue to hound him. He's so upset he can't even talk. Thank you in advance for any help you can give me.
2 Answers from Attorneys
Re: Credit Card Mixup
Send demands to STOP calling, etc, to each of the credit collection companies with a copy to the Attorney General State of NY and the corresponding authority in the state(s) where the offending companies are located. If that does not work, think about hiring an attorney to sue them for credit disparagement and intentional infliction of emotional distress...as well as violation of the FEDERAL FAIR DEBT COLLECTION PRACTICES ACT.
Re: Credit Card Mixup
This must be very hard on your son. Especially because the cards are from his deceased father.
There are several ways to handle this. A letter to the creditors indicating their error and requesting them to cease dunning him is one option. Clearly, you have tried working with them and that has failed.
A second is slightly more complicated, but relatively easy. This will definitly put a stop to them. A motion for a 'finding of fact' before the Civil Court or Small Claims Court will clarify the issue and end the harassment and dunning of your son.
I would be happy to meet with your son for no fee and explain the procedure in person at my offices at 42 west 44th street, New York, NY. Please call for an appointment first; (646) 591-5786, fax (718) 729-2029. ( I also have a Queens address).
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