Legal Question in Credit and Debt Law in New York
My father opened up several accounts in my name without my knowledge. The accounts include a cell phone account, Con Edison account and a Tattoo Business. Now I'm receiving letters and phone calls from Creditors trying to collect unpaid debts from those accounts and my father is denying responsibility for those unpaid bills. What can I do?
3 Answers from Attorneys
1. File a police report.
2. Advise the creditors what occurred.
Unfortunately you have to report these accounts as fraudulent to the police. You will be asked if you know who may have opened these accounts and you should be truthful. You should also show your father this response. Perhaps it will encourage him to do the right thing (pay the debt and cancel the accounts). If not, he MAY be deemed to have committed a crime and would suffer the consequences (criminal record and having to pay restitution). If you know who opened the accounts but do not inform the police they will find out when they obtain copies of the documents that were created by your father. Why is he denying responsibility? If he opened the accounts he IS responsible. If he is being unreasonable you HAVE to correct the situation regardless of the consequences to HIM because right now the consequences to YOU are worse and by doing nothing he may continue his bad behavior.
To rectify the situation, you should complete an Identity Theft Affidavit and Police Report and send them to the creditors and the credit bureaus. My main office is located in park slope, not too far from your area. If you require assistance with this process, please do not hesitate to contact me.
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