I recently found out my 35y.o. cousin activated a credit card that was sent to me a few months ago. I stay with her my last year of high school so i still have mail coming to the address. I found out about it when i recieve a bill from the company. She activated the card on her cell number. She made 2 paymenys then stopped and I owe them close to $500 and it still adding intrest weekly. I cancel the card and let the company no what was going out and they told what actions i can take. One of the option is file a police report take her to court. My mother also agrees with me filing a police report. I made sure there wasnt any more accounts open in my name and change all the numbers and address to make sure anything with the account comes directly to me. I do want to legal actions against her, but i dont want her to go to jail for it. They told me she will be charge for 3 federal crimes (opening my mail, unauthorized use of my social, and credit fraud).
What you think about it?
2007-05-24 10:23:08 · 26 answers · asked by Miss Keys 2 in Business & Finance ➔ Credit
File the police report and take her to small claims court.
So what if she's charged for 3 federal crimes--it's her own fault for doing that. I know she's your cousin, but she's 35. She's destroying YOUR credit by doing that.
2007-05-24 10:26:18 · answer #1 · answered by FaZizzle 7 · 2⤊ 0⤋
It is unfortunate that your older cousin is in a situation she stole from you and ruined your credit before you even got a chance to start building it.
It is possible that they credit card company will hold you responsible for the debt unless charges are pressed against your cousin. I would start off by getting your free credit report from at least on of the three agencies and triple check that no other accounts are open. If you file a report with the police you should also be able to contact all three companies and have a lock put on your credit account for a year (no charge).
If you want to take action against your cousin civil law is another option. However you will probably find that hiring a lawyer and court charges are not worth the $500 and will do little to repair your credit.
Your 35 year old cousin should be old enough to understand the consequences of her actions and there is good reason that those 3 crimes are considered felonies. You are now old enough to make your own decisions. If you want to do what is best for you press the criminal charges and go talk to a lawyer about the possibility of a civil lawsuit.
2007-05-24 10:34:43 · answer #2 · answered by Anonymous · 0⤊ 0⤋
HOLD UP!!!!! You stated that you still owe these charges??? Hello! That is FRAUD. You are NOT responsible for these charges! You are NOT legally liable for unauthorized purchases even if you know the person who commited the fraud. TRUST ME! I am a Recovery Manager and I collect on frauds like this all the time....
You need to call back that credit card and advise them you never opened this credit card, these charges were all unauthorized and that YOU did not charge them and let them know you will not pay for them. You need to tell them flat out that it was "fraud" and that you never activated the card. The credit card company can not hold you responsible.....They may have "implied" that you need to pay but you are NOT responsible for a card opened fraudulently.
If they tell you to file a police report do it! All you need to do is call the police and just say you were a victim of Identity theft and someone opened a fraud account in your name and you dont need to say much else --- Im pretty sure you can even do this over the phone and they will fax or mail you the report. The police will probably also give you some other info on how to protect your identity.
Also, it's not YOUR job to go after the fraudster even if she is related -- -The credit card company can...and they WONT. All they do is kick back all those charges to the places where she made purchases and it will be up to them to investigate and go after her...They may too....And if they call you, you can tell them the same thing.
I cant beleive they made you feel responsible -- YOU ARENT!!!! Go fight it -- It's FRAUD and the credit card company is supposed to protect you... Havent you seen their ads on TV? What a bunch of crap...
If the credit card company gives you a hard time you tell them who ever you talked to the first time miss-lead you into beleiving this was "your" problem but that you have done some research on this and that you WILL NOT ACCEPT RESPONSIBILITY on this... Tell them you dont even live at the address the credit card was sent to, the phone # isnt yours, and the signatures arent yours....
2007-05-24 15:05:02 · answer #3 · answered by Sammy&Pete 3 · 0⤊ 0⤋
that account may be very damaging to your credit report. When you are ready for a credit card yourself, buy a house or car, a bad credit report will either prevent you getting the loan , or cost you a higher interest rate.
I dont believe you owe the card company anything. They would have to prove you activated it yourself. Advise them it was activated fraudulantly.
If your cousin will pay all the costs , and admit to the company that she misused the card , you might get it taken off your credit reports.
It may be best to file a police report.
- opening your mail cant be proved , she may have gotten it out of the trash
- fraud , yes she did that
- unauthorised use of SS number , yes she did that too
2007-05-24 10:39:34 · answer #4 · answered by mark 6 · 0⤊ 0⤋
You can only have so much sympathy. Look at it this way, when she committed this fraud, was she thinking in your best interest? Clearly not. She was doing this in all full knowing that it would bite you in the *** in the end. Contact the card company, and notify them of the situation. They may be understanding, depending on the credit card company, or they may not care. Either way, do what must be done to protect yourself and to make sure that debt does not harm your credit. Civil suits may be an option too.
2007-05-24 10:27:32 · answer #5 · answered by Ryan G 1 · 1⤊ 0⤋
Don't be mean. Always try to resolve these things in private before taking such extreme measures. That'd be awful if anybody went to jail for doing something like that. Just make sure she knows the consequences and that you will be filing a report if she doesn't comply.
2007-05-24 17:26:47 · answer #6 · answered by J 1 · 0⤊ 0⤋
It will be a shame to take her to jail for $500 dollars, but at the same time what she did is a federal crime. You can take her to small claims court and sue her there for the damages, or plain and simple make her aware of how much of a crime she has committed. Let her pay for the damages and the trouble she has caused.
2007-05-24 10:37:45 · answer #7 · answered by Henry Sosa 3 · 0⤊ 0⤋
I think you need to talk to her and try to get her to sign a written agreement saying she will pay that bill. And don't just make it say that she will pay the bill, but make sure it says she will pay x amount every week/month until the entire balance is paid off. Let her know that if she is not agreeable that you will have to take action against her and explain what charges she will face. If she is unwilling to cooperate, press charges.
2007-05-24 10:27:36 · answer #8 · answered by Anonymous · 0⤊ 0⤋
She broke the law. She should be punished. It may teach her a lesson to avoid doing it again. If she commits a relatively small crime and gets away with it, she may become encouraged to do more criminal activities. Tell her what you found out. Ask her to pay what she owes, to salvage your credit rating. If she does not do pay the bill, let her suffer the consequences.
2007-05-24 10:29:02 · answer #9 · answered by regerugged 7 · 0⤊ 0⤋
Honey, your cousin was not thinking about your best interest when she so fraudently open that line of credit in your name. I say file the police report and if she has to go to jail, then it's her own doing. She knew what she was doing was wrong.
2007-05-24 11:25:44 · answer #10 · answered by Anonymous · 1⤊ 0⤋