Legal Question in Credit and Debt Law in New York
My mother used my name, she will not pay
I have a problem, I just checked my credit and I have a collection agency saying I've owed money to them for years. I have recieved no mail, no calls, nothing. I could not think of anyone I owed money to. I called them. They said the debt was with a cable company. I called the company they mentioned, and they have no record of my name, address, phone number, or ss#. I never had cable in my name before. I was talking with my mother about it and she stated that she used my name but said she did not owe any money. I was so mad but of course she's my mother. She has not attempted to pay the debt in a few years. She keeps saying she has no money, and she doesn't. It is my name, and it was illegal for her to use my name to get things. I do not want to put legal actions on her but I need to know what other options I have. I need my credit back. I have disputed the credit reporting agency 2 times and they will not except it. I was afraid to say it was my mother so I just said I have never had cable. Well, I haven't. This is not my fault. I am trying to get through school, buy a house and car. Not with this credit. I need help. Hope you can help. Please.
-Jessica
2 Answers from Attorneys
Re: My mother used my name, she will not pay
Assuming that you have crossed all the t's and dotted all the i's in dealing with the credit reporting agencies, you have a good lawsuit against them. To make clear: if you received a thirty-day letter from the agency and you ignored it, you do not have a lawsuit. If you told the agency that you deny the debt, that it appears to be a case of identity theft, and they do not verify the debt--i.e., get you the forged writing that your mother created--you can sue them. But remember, once you start this process, a report must be made to the Secret Service (they have jurisdiction when the mail or phones are used to perpetrate an identity theft). Even if you pay the debt now, you will have major derogs on your credit, which means it will be years before it heals. Unless you push the credit reporting agencies to verify the debt, then deny that it's your signature, and then sue them when they continue to make the report without noting that you have reported it as identity theft. Identity theft has been illegal since at least 1986: it's not a new discovery, just a newly-popular one.
Re: My mother used my name, she will not pay
The Fair credit reporting Act and the Fair debt collection act govern your problem. You can find the statutes and alot of info on line. There are specific guidelines that creditors/debt collectors must follow when there is a dispute. As for lawsuit, you can sue in state or federal court under this act. Good Luck.
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