Legal Question in Credit and Debt Law in Wisconsin
Debt Collection
I was recently a victim of ID theft via Wells Fargo Financial. Upon learning of the theft, I contacted Wells Fargo for assistance. After a thorough investigation, Well Fargo clear me of all responsibility on the account in dispute with an official letter of proof. The calls from debt collector (Central Credit Services) recently started concerning this debt. Even if I had faxed the Wells Fargo to this debt collector, they are still calling me on a daily basis. They don't seem to know from one day and one agent to the next what is going on with this issue. are there any legal statutes out there that can stop these people?
1 Answer from Attorneys
Identity Theft--Debt Collectors Chasing Unauthorized Fraudulent Debt
You need to retain an attorney as soon as possible to correspond with the collectors in writing. If you have reported the fraud to the police and sworn to an affidavit of forgery, they should drop their claim. If not, you may have multiple remedies both under the FDCPA (Fair Debt Collection Practices Act) and under common law defamation law. My guess is that Wells Fargo may not even own the debt any more--they may have sold it to the collectors, hence they may have limited influence over the collectors. However, if they reported this as a valid debt when they sold it, knowing that it was fraudulent, you may be able to join them in the defamation suit. This posting is not intended to be legal advice or to create any attorney client relationship--you really need to hire your own lawyer.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
