Legal Question in Credit and Debt Law in Colorado

Credit Card Fraud

My ex-wife (we've been separated for 2 years), opened credit cards in my name and without my knowledge. (Approx. 8 credit cards- in the total amount of $45,000.). I filed fraud affidavits with the credit card companies. A few of them found me not liable but about 4 credit card companys refuse to and have put charge offs on my credit report thus ruining my credit rating. They said this is a civil matter between me and my ex-wife and I am still responsible to pay them. What can I do to clear my name and restore my good credit rating?

Asked on 4/22/04, 12:43 pm

1 Answer from Attorneys

Roger Johnson Roger D. Johnson, P.C.

Re: Credit Card Fraud

If you did not sign the cc agreement, did not receive a benefit from the charges [ie, including charges for services or goods you were obligated to provide - such as family medical obligations, and possibly, food or other life essentials of dependents], and had no knowledge of the use of your name on the contract, you likely have no obligation to pay the amount claimed. Under these circumstances, the derogatory notice by the creditor to a credit reporting agency probably constitutes common law fraud, and conceivably, a violation of the Fair Credit Reporting Act. Attempts to collect by a collection agency likely constitute violations of the Fair Debt Collection Practices Act. You can likely recover actual damages, possibly attorney fees, and if applicable, statutory damages.

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Answered on 4/26/04, 11:58 am

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