This one is from a friend of a friend. What should she do? Three years ago when she was 15, this girl's father was having financial problems and he secretly went out and applied for credit cards in her name. Now she is 18 and has various CA's threatening to sue her for approximately $25,000 in unpaid charge-offs. The obvious thing to do in this situation is to file a police report and turn her father in for fraud. However the girl in question does not want to do this because, despite everything her father did to her, she still loves him and does not want him to get into trouble. Her other alternatives, as I see them, are to either declare BK or to pay the debts off via consumer counseling. In either case though, her credit is pretty much going to be destroyed. The only other alternative I could think of is to plead fraud and instead of going to the police, go to a lawyer and file counter claims against the the CA's without having to disclose the fact that her father was the perpetrator of the crime. Then, if things get too hot, she could always file the BK as a back-up plan. Any thoughts on this one?
I see no reason why she would have to implicate her father by making the CA prove SHE owes the debt. If she had to prove she didn't owe it it would be different but the burden of proof is not on her it is on the CA. She should deny til the cows come home and demand proof until the cows come home and go back out again. She should go through the exact procedures that everyone else does and that starts with validation.
Or, just claim she was only 15 when these accounts were opened and she has no idea who opened them. Do that with both the CA's and CRA's. Place a fraud alert on her files with the CRA's to keep it from happening again.
Didn't I hear on this board that CRAs refuse to place fraud alerts unless you file a police complaint and forward a copy of that complaint to the CRAs ? -- lakpr
No police report required. Got an exp fraud alert since I sent off for a free credit report becuase i suspected fraud.
as far as dealing with her situation i suggest: 1)she starts out by disputing witht the CRA's. If the accounts were opened up when she was 15, she needs to tell them that and that she was a victim of identity theft explicitly in her dispute. If the CRA's verify she should go out and apply for car loan, get turned down then sue their butts off for defamation and violations of the FCRA. 2)when dealing with the CA's I'm kinda on the fence between the validation routine and a C&D letter. With a C&D she is asking to be sued. But so what? Think about it, wouldn't you like to see the look on the judges face when he is told that she was 15 when the account was opened! It would probably get thrown out right then with prejudice. Once that happens the CA is outta luck.
Isn't she telling these CA's that she just turned 18? Can't she just tell them that the accounts aren't hers and have them check the dates they were opened and take a look at her cr to check her age....I can't see them trying to collect from her once they know her age at them time of the openings!
Actually a story just like this was on CNN. An 18 year old college student now has hundreds of thousands of dollars in debt b/c her father opened credit cards/mortgages/etc in her name. Her only choice was to pay them or file fraud charges against her father - she decided to negotiate settlements to pay because she didnt want her father in jail.
Re: Re: What should she do??? I wonder what compelled her to tell the world her father did it if she didn't want him to go to jail??
She does not in any way have to implicate her father, IMO this is cut and dry, she was a minor, making the contract null and void, plus throw the identity fraud in there. They will not be able to prove it b/c she did not do it.
Exactly! Why would anyone who has a story like this have no choice but to pay or BK.....Makes no sence. You cannot enter into a contract with a minor....the end!
