Fraud victim - now bad credit emerges?

Question

In 2003 my purse was stolen and the theives had their way with a few credit cards and my checking accounts. All of my credit cards and one bank account waived all transactions I didn't create. One bank had a bad check and tried to collect from me, I sent them all documentation, police report, the closed account paperwork from my branch, etc. They said the check was written at Sprint (cell phone) and they verified I was a Sprint customer (I am) but the check was written for different service. Sprint even verified that it wasn't mine. Needless to say this bank turned my account over to ChexSystems and collections (now on my credit report). I have done everything I can possibly think of to have this removed/corrected. I have disputed this with the credit agencies and ChexSystems but it comes back as validated. How can I get this fixed short of hiring an attorney? The check & fees are for $354.00. I have no desire to pay for it since it isn't mine. What can I do?

Ceebee · Accepted Answer

Whatever you do, don't pay the $354. That would only hurt you in the long run and make it look like you were admitting the bill was yours.

If collection companies continue to harass you after you have written letters explaining the circumstances of the fraud, inform them that they're violating the law. You need to keep documentation of everything you've told them, dates, who you talked to, etc. so you can take legal action if they persist in harassing you and won't remove the charge. Send any correspondence by certified mail.

I have a feeling you've probably kept all this documentation already.

This is a tough situation for you to be in. And still going on after all these years.

Try this site to get an affidavit of forgery and fictitious account. It's on the ChexSystems site:https://www.consumerdebit.com/consumerinfo/us/en/scan/affidavitforms.htm

I don't know if it will help, but it can't hurt.

If the bank that is trying to collect from you has a branch where you live, go to the largest one near you and ask to talk to one of the officers. Take all your documentation with you. Explain to them if they don't remove this charge, you'll press charges against them AND contact the press about how you're being harassed. Identity theft is a hot topic now and I'm sure your 'id theft victim vs the bank' would make a good story.

Good luck and hang in there.

Honey do · Answer

You can usually get a free consultation with a lawyer the first time. You may want to talk to one and see if they can advise you on this situation. If you have to hire a lawyer, let them know who ever you have to go after that you want them to be responsible for attorney fees and court cost. Good Luck

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Fraud victim - now bad credit emerges?

2 Answers