Q: Do I have any recourse? Can I press charges for the items I didn’t authorize? Can I sue? Please help!
My son has had the same best friend since he was little; they share an apt now & I rent from his mom. I was asked by his mom to co-sign on a truck loan for my sons friend. A year later, she asked me to get a small loan. She said she would make the pmts for both loans. Her son traded his truck in, returned the new truck, & re-purchased the truck he traded in. It was my understanding my name was not on any additional truck loans. I wanted to apply for a cc w/ my bank but couldn’t because there is an online banking profile in my name with the email address of the lady I am renting from. I tried to get a copy of my credit thru a couple apps but couldn’t for the same reason. I finally got some info from my credit report… my name is on two truck loans, one paid and one past due by $38k. The small loan was never paid. There is another loan for $864 that I know nothing about and was never paid. There are also hard inquiries for cc’s and loans that I did not apply for. My credit is ruined!
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Yes, you have several legal options available in this situation, as this appears to be identity theft and loan fraud. You should immediately file a police report documenting all unauthorized accounts and inquiries, which will be crucial evidence for pressing criminal charges against the person who opened these accounts without your permission.
You should also contact each creditor where unauthorized accounts were opened and file formal fraud disputes. Send them copies of the police report and formally request these accounts be removed from your credit reports. Report the identity theft to the Federal Trade Commission (FTC) at IdentityTheft.gov and follow their recovery plan, which includes placing fraud alerts on your credit reports.
You can pursue civil legal action against the landlord for damages caused by the unauthorized use of your personal information and credit. Document all financial losses, including any fees, interest charges, and negative impacts on your credit score. Consider working with legal aid or consulting with consumer protection attorneys who handle identity theft cases - many offer free initial consultations. The strength of your case will depend on proving you didn't authorize these accounts, so gather all evidence showing the accounts were opened without your knowledge or consent.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
