Legal Question in Credit and Debt Law in Pennsylvania
Identity Theft
A drug addict son stole used his father's SS #, name, address, etc. to get loans, credit cards, pay hospital bilss. This was back in 1998 in Arizona. The father didn't press charges against his son but letters were sent to the various places (once collection letters were sent to the father) explaining that the drug addict son used his father's info to obtain credit. The son died of an overdose in 12/01/2000. Collections agency shopped calling and sending letters for a long time and now they are coming out of the woodwork. Is there a statuate of limitations on how long these people can harrass the father whose identity was stolen (none of the signatures on any of the documents will match his) and the father is not responsible for the debts of the son who stole his identity.
2 Answers from Attorneys
Re: Identity Theft
The statute of limitations is PA is 4 years on contracts. If they sue here, a solid defense exists.
I trust this has been helpful but feel free to call or E-mail on a free initial basis.
Re: Identity Theft
You asked about avoiding debts incurred an identity theft.
This isn't going to be easy because the father never pressed charges. Best bet is to hire a consumer lawyer and allow him/her to handle the matters or at least advise on how to handle the matters.
You should start by looking at resources online regarding the Fair Credit Reporting Act and the Fair Debt Collection Practices Act. If you're willing to put up with a few headaches to have some fun you can actually torture the debt collectors and make some money off of these folks. Further, the FDCPA allows a consumer to collect legal fees if they win their claims against the debt collector(s).
Regards,
Roger
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