Legal Question in Credit and Debt Law in Florida

identiy theft

What if a family member uses your SS# without your knowledge and now 15 years later because the account is marked a charge off my Credit score is being affected...How can I get it removed from my credit? Do I have to file charges against them? The account was paid off by them eventually.


Asked on 3/09/09, 5:48 pm

1 Answer from Attorneys

Raymond LaBella LaBella Law, P.L.

Re: identiy theft

If you're wanting it removed for fraud, then yes, you will need to file a police report and forward it to the lender. The lender may or may not take up the banner for prosecution since it is the most direct victim. Normally, lenders aggressively prosecute identity theft (or what we used to call true name fraud). However, the fact that the account was paid off may make the lender opt not to prosecute. But, there is no way to predict what the lender will do with the information.

If you don't file the police report, the lender will stand by its reporting the bureau, and it will remain. You can put an alert on your credit report that you have been the victim of identity theft, but if it has been 15 years, you're really outside your window. Remember, the trade line will fall off your report 7 years after the date it was last reported all on its own. Check the last report date on that trade line to see if this a fight even worth fighting.

For more information about how your credit bureau works, check out our website at www.LaBellaLaw.com.

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Answered on 3/11/09, 11:55 am


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