Legal Question in Credit and Debt Law in Kansas

credit card fraud

I have been fighting a credit card charge for the last 2-3 yrs that has been turned over to a collection company that I feel is not mine. This is the 3rd company that has tried to collect on this card.

I paid all my debt in 1998, never once did this credit card show up on any of my credit reports. I refinanced my house twice, no credit card debt showed on it. Not until this last company tried to collect, I responded that I did not feel the card was mine and could I have any information to prove that it was. Credit card statements, receipts with my signature on it, were the charges were made, copies of payments they say they received on the card. Anything proving this is my card.

All that I keep getting is letters offering settlements. What can I do? How can I get answers? Why didnt this charge show up on my credit reports in the past, but now are on my report and I can not get loans, good interest rate on a car loan. Can you offer any help?

Thank you.


Asked on 11/07/02, 1:37 pm

2 Answers from Attorneys

Anthony Smith LawSmith

Re: credit card fraud

There are specific ways that you can put the collector on Notice, so that they must cease contacting you for a while. Also, you can put a notation on your credit reprot stating that you dispute the alleged debt. That may help with some lenders. Perhaps you have been the vicitim of identity fraud. Perhaps someone else took out the credit in your name. There are ways that you lessen the chances that it will happen to you in the future.

Good luck, you may contact my office if you wish to explore your options.

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Answered on 11/08/02, 3:19 pm
James Rupper Powell, Brewer & Reddick

Re: credit card fraud

Your question poses two problems: First, credit reporting and second, the 3rd agency attempting to collect the debt. Go to the credit agency and submit the standard disputed debt report. They are required to submit it to anyone who makes inquiry. When contacting the credit collecting agency, send formal letters and only speak to supervisors or managers. Be patient and push hard to make them document their case.

A lawyer may be able to get a little more attention than a debtor, feel free to contact my office.

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Answered on 11/08/02, 3:26 pm


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