Legal Question in Credit and Debt Law in North Carolina

What do you do when a family member forged your name without your consent and how can you get your credit cleared?


Asked on 7/24/10, 8:04 pm

1 Answer from Attorneys

The question you have to ask yourself is whether you want the family member to go to jail or not. If this was a forgery, you can write to the creditor or collector and they will provide you witth an affidavit of fraud. An affidavit is a notarized statement. The creditor or collector may then press criminal charges against the responsible party. If you do not do an affidavit, then you will be responsible for the debt. It will stay on your credit. If sued, you can fight the lawsuit and spend money doing that to prove that this was not you. However, the money could just as easily be spent to pay the debt.

Will the family agree to be responsible? If the family member agrees via a notarized statement, then perhaps the creditor or collector will put the debt in the name of the responsible party and remove your name from the account and remove the informnation from your credit report.

I can contact the creditor or collector on your behalf for a reasonable fee. Let me know whether you wish to proceed and what avenue you wish to pursue.

Rachel Hunter

Attorney at Law

[email protected]

(678)-687-9693

Admitted in GA, PA & NC

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Answered on 7/26/10, 10:11 am


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