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    Tritius's Avatar
    Tritius Posts: 1, Reputation: 1
    New Member
     
    #1

    Oct 21, 2005, 01:05 PM
    Need help with possible fraud issue
    Sort of a complicated matter, but here it goes. My fiancé and I are trying to buy a house. She has some of the typical stuff hanging out on her credit report that you expect after a divorce, and most of that is getting cleared up. One disturbing item, though, has vexed us. There is an account on her credit report with a furniture store that she was never a party to. She never signed any paper work regarding the account, and has never even seen any furniture in her home from said company. The furniture company (or rather their finance division) has yet to respond to our multiple requests for proof of her signature or copies of any paperwork she supposedly filled out. How can she dispute this account? If, as we believe, her ex-husband forged her signature or had a "girlfriend" impersonate her, are the two of them criminally liable for fraud? Would a procedure to challenge the account automatically result in an investigation? Any help that anyone can give in this matter would be greatly appreciated.
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member
     
    #2

    Oct 31, 2005, 07:51 AM
    Rules for Debts
    15 U.S.C. § 1692g - Validation of debts



    a) Notice of debt; contents



    Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing--



    (1) the amount of the debt;

    (2) the name of the creditor to whom the debt is owed;

    (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

    (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

    (5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.



    (b) Disputed debts



    If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.





    (c) Admission of liability



    The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.



    ----------------- Cites --------------------
    fredg's Avatar
    fredg Posts: 4,926, Reputation: 674
    Ultra Member
     
    #3

    Oct 31, 2005, 08:02 AM
    Debt
    Hi,
    My own suggestion would be to get a lawyer. Ask what he/she will charge you to clear this up. If within your personal money budget, the lawyer will know what to do, and how to get results.

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