idenity theft

What is the name of your state?n.j.
a partner filled out credit card applications using my name and ss #,
had all the bills mailed to his address and charged over$19,000 in debt....
he paid small amt. towards the bills and then defaulted on 3 cards....a police report was faxed and sent to the credit cards...the CA now say that the buisiness is responsible for this debt and are threating to sue and garnish wages if we don't pay in full.....my first question is:am i in any way responsible for this debt? #2 the company had no knowledge that these cards were opened using my name and ss# and signature(his forgery)..am i responsible
for any debt incured by the criminal..
please help steer me in the right direction to make the CA's stop threatening my wife and children**************
what is the next step i should take....

[bigun]

What was the outcome from the cc companies investigation?

the cc company's said that the company did not do enough to protect itself from this happening and that the criminal was not responsible,the company was....
we found out about this by accident and did not have any reason to search out our credit reports...

[bigun]

For $19K, I think I'd get a lawyer.

that why i'm here, trying to find out as much as possible before consulting an attorney...the lawyer we have has not been very helpful and can't tell me what to do next. he sent them a settlement letter for approx. 10% of the money owed but again we don't owe it, the criminal does,....what do you think will be the next move besides the threating phone calls....besides them telling me that they are going to call the i.r.s. and report this as income. what's next. thank you

[bigun]

Have you tried to press charges against the person who opened the account?
I'm a little confused about something else. Was the card opened in your name or, in the name of the company? How long ago did this happen?
The ca is already lying to you. The only one who can isue a 1099C is the orginal creditor-not, the collection agency.
New Jersey is a one party consent state. I'd go to Radio Shack and buy one of those $20 tape recorders and start taping those calls.
Also, check out the CA and see if they are operating legally in N.J.


Collection Agency Licensing Requirements:
Any person who conducts a collection agency, collection bureau or collection office in the State of New Jersey, or engages in collection activities including receiving payment of accounts, soliciting the right to collect, or advertise for or solicit in print the right to collect, is required to file a bond in an amount prescribed by its Secretary of State. (Sec. 45:18-1.)

Application and bond information may be obtained from: Department of State Division of Commercial Recording Collection Agency Bond CN 453 Trenton, New Jersey 08625 or visit the Department of State's web site [url]http://www.state.nj.us/state/index.html.[/url]



The New Jersey Statutes are linked here. Always discuss actual cases with your actual legal advisor or legal department. The State Bar of New Jersey is linked here.

this occured over a 2 year period ending may03, the card was issued to the company with him using my name and ss# and him signing my name so every credit card reciept matched the forgery

[bigun]

Well, since this is a business account, the CA dose not have to follow the FDCPA. I'd check out the CA with the state and then, talk with my lawyer about defenses to any claim using the ID fraud. Thankfully, you do have a police report though I'm curious as to why no charges were filed against the partner.

the police dept. is in the process of filing charges as well as several credit card companies**************.....he has nothing and i think thats why they are trying to get the buisiness to cough up some money.....thanks for taking the time to help......