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ID theft, credit fraud or just SOL?


Guest harley2
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Guest harley2

Is there any protection from and help after the fact if your estranged spouse opened a credit card account without your knowledge and/or approval, then charged up a storm with no intention of paying it off. But left you holding the bag, so to speak?

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Of course there's protection. It's detailed in the FCRA. There is a sticky at the top of this page. You'll want to become familar with it.

Start by reading 1681c-2, Subsection 605B. Notice that you can dispute specific transactions or an entire account. Also, notice the ramifications.

Then try, 1681a, Subsection 603(q). That gives the definition of a valid ID Theft Report, the reason it's required and provides alternatives to lazy local police who dislike taking reports for consumers.

Now go to the FTC's website at www.ftc.gov. Follow the 'credit' links and you'll probably stumble across the TD Theft/Fraud stuff. There is an affidavit form you can use to suffice for #3 & $4 (from the FCRA list). But a written statement works just as well.

Be dilligent and thorough about gathering these docs. Send them to any CRA reporting the "bag'. Keep it clear-cut with minimal mention of the former spouse. This isn't yours. If the police, or owner of the debt contacts you, offer them info THEN about who DOES have liability.

It's funny you posted today. This morning, I remembered an old friend who eventually had to file BK to end her ex's scenanigans. She NEVER should have had to do that. Now I know better, and so do you...I wish you luck!

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If the account is not closed you want to get ahold of that company and close the account. Report to them the fraud, that you did not originally open the account.

You want to file a police report, and contact all 3 credit reporting agencies to activate a fraud alert. Be sure to vist the FTC to get an ID Theft Affidavit filled out. That will need to be forwarded to the credit bureau and the creditor.

Best of luck with this matter,

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