Quoting Real Person
Dear Mr Majors,
Years ago (I believe 1985) my ex husband opened an account with Sears in my name (without my knowledge). As far as I know, no payments or action has shown on the account since the late 80's. Today I received a phone call from a collection agent. I explained to the woman on the phone that it was my ex's account and she said it didn't matter. I told her I wouldn't pay it and that it was not mine. She said that collections would proceed.
I am sure that they can not produce my signature on anything as I had never used the account. What recourse do I have? I thought after an account recieved no payments after so many years that collections agaisn't the account could not be done....I thought this matter long dead as it's been at least 15 years since I last heard from Sears regarding this matter.
Thank you for you answer in advance
Sincerely Real Person with credit fraud.
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Sounds to me like you have a valid legal arguement by the FCRA
I would send them a letter stating I believe rights have been violated by the law and wish to see my signature on any documents they have in my name. In addition I would state if they cannot provide this information To elimnate the collection or face the possibility of suit and reporting to the FTc. If you find the signature on the documents to be foorged you plan to follow all your legal avenues as far as forgery and illegal collections on a forgery. Send the mail with confirmation recipt requested and keep a copy of wht you sent them.
Explain you are not trying to be rude but just trying to make sure no one has violated your rights by the Fair Credit Reporting Act governed by the FTC. They must produce a copy of the signature or thus be sublect to FTC laws. Rememeber to not be overly demanding, but to just state the facts and ask for all required documents by law.
Email Bo a Question
Wednesday, December 14, 2005
I am sure that they can not produce my signature on the collection as my ex husband signed my name.
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