Summons

Discussion in 'Credit Talk' started by CaliGirl, Jul 13, 2002.

  1. CaliGirl

    CaliGirl Well-Known Member

    A friend of mine received a summons for an account that he believes his exwife opened as joint (he had the AWESOME credit) without his knowledge. He rarely uses credit, has not done anything through credit in years.

    In any case, he wants to get them to validate this debt as being his because he knows he did not sign anything and had no knowledge of this account. Can he start the validation process now? Can he ask for a continuance based on this?

    I convinced him to pull his report and since his divorce, things have really gone downhill. (common, I am sure)

    Also, there is an account that is listed as paid with TU but with EX it is listed as unrated, unable to locate subject. Can this be fixed as well?

    Thanks
     
  2. keepmine

    keepmine Well-Known Member

    He sure can {and should} start the validation process . He should also respond to the summons and deny it is his debt and request a continuance until proof of his signature is presented. I would also suggest he file a fraud complaint with the police dept.
     
  3. CaliGirl

    CaliGirl Well-Known Member

    OK....great start.

    But what if he received and subsequently ignored any notices sent to him. I am sure they would have had to send him notices as he hasn't moved from the house they had together.

    Will a judge be "ticked off" that he didn't request to validate sooner?

    Also, he found out that his ex filed BK by viewing his report we ordered. Now he has BK showing up on his report. Is there anything he can do about that?
     
  4. Nave

    Nave Well-Known Member

    No. I think he should follow KeepMine's advice above.

    Dispute it with the CRA's...Not Mine, Never filed Bankruptsy. Make sure his Ex is not still listed as his marital partner on his credit reports.

    -Peace, Dave
     
  5. CaliGirl

    CaliGirl Well-Known Member

    So here is my last question on this issue (I think). I see that she is listed as his spouse still, so how does he go about removing her name?

    Also, (newbie question here) when you say CRA you mean TU, EX and EQ right? :)
     
  6. mindcrime2

    mindcrime2 Well-Known Member


    He can just call up the CRA and tell them she is no longer his spouse. They should not give him any trouble removing her.

    Yes, CRA (credit reporting agency) means EX, EQ, or TU.
     
  7. Nave

    Nave Well-Known Member

    You can dispute personal information just as you dispute accounts. I have gotten results from disputing personal info by simply calling. But he can send a dispute letter by certified return receipt requested (CRRR). I think some of the personal information can not be disputed ONLINE by all the CRA's but some allow it...try it by entering the dispute online using the "confirmation number" (number issued with each report printed somewhere near the top). Each CRA has their own dispute capabilities, so I am not sure which ones will allow the entering of disputes on personal information or not.

    Yes, read (or scan through) the thread at the top of the list for help with abbreviations used here. Welcome aboard.

    -Peace, Dave
     
  8. CaliGirl

    CaliGirl Well-Known Member

    Thanks for all of your help.

    I hope this will get him on the right track.
     
  9. Saar

    Saar Banned

    He should call the OC and ask to speak with the fraud / security dept. Let them know it's not his account. There may be some paperwork involved.


    Saar
     

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