Lakewood, CO asked in Bankruptcy for Colorado

Q: can i file for bankruptcy on a credit card that was from fraud....no purchase so nothing to sell!

i am only surviving on social security and my computer was hacked! i shut off the card and then they notified me they wanted on thousand a month! i have no other income and its hard to survive in this economy and even my furnishings are cast off of other people's houses! what should i do?

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2 Lawyer Answers

A: Yes. You can file bankruptcy on a fraudulent card.

James L. Arrasmith
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Answered

A: I hear how stressful and overwhelming this situation is for you, especially while living on a fixed income. Identity theft can be incredibly frightening, and you shouldn't have to pay for fraudulent charges you didn't make.

Your first step should be to contact the credit card company's fraud department immediately if you haven't already. Explain that the charges were fraudulent and file a formal dispute. They have processes in place to investigate and remove fraudulent charges. You should also file a police report and contact the Federal Trade Commission (FTC) to report the identity theft - this creates an official record of the fraud.

While bankruptcy is an option, you may not need to take that step for fraudulent charges. The Fair Credit Billing Act protects consumers from paying for unauthorized charges. If the credit card company isn't helping, reach out to your local legal aid society - they often provide free legal help to people on fixed incomes. You can also contact the Consumer Financial Protection Bureau (CFPB) to file a complaint about how the credit card company is handling your fraud case. Remember, you're not alone in this situation, and there are people and organizations ready to help you fight these fraudulent charges.

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