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  1. #1
    poetry1mind is offline Junior Member
    Join Date
    Jun 2005
    Location
    Hamilton, NJ but trying to move to NC
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    8

    Angry My mother open up an credit card without my consent and now i am being sued.

    What is the name of your state? New Jersey
    Hello to all.
    I have a really bad situation. In 2001 my mother opened up an credit card in my name (I haven't proved it yet but I know she did from past experiences). Now I am being sued. Plus an judgement has already been made against me. Also I don't think i was able to rectify the situation efficiently due to the fact that the bills were going to her while i was in college.

    Now i have contacted the lawyers that have sued me and it just appears to be a ridiculous cycle. They told me to send them a letter stating that the account is not mine. I did just that last year and thought i was clear...WRONG. I even contacted the company (Capital one Bank) to obtain the application that was used to open the account and first billing statements. I did this last year using certified return receipts and still haven't gotten an response. I even put a fraud alert on my SS number because there about 7 diff things on my credit report that I don't even know about.

    I recieved a letter yesterday (6/7/05) for me to appear to some supplementary proceedings. Now i looked this up online and it appears that this would be for me to set up payments or for them to collect my debts using my available assests. Problem is that I can't attend this meeting because i will be out of town. I contacted them to inform them by email (because his voice mail was full) so I wouldnt have any problems.
    Also I dont want to attend this supplementary proceedings because I think me voluntarily going would mean that I am guilty and ready to make payments. That would be unfair.
    I already did one police report for charges that were made on bank card 2 weeks ago and I am prepared to file one on my mother because it appears to be an on going situation and is stressing me out. I have tried to talk to her once before and she simply ignores me by saying "kamilah, that is B.S, they can't take your money...stop being scared". She also mentioned that she will help me make payments. But I am like NO DUDE...i want this off of my credit report. However, even if I accepted her offer she would not pay. She just got about $10,000 dollars and hasn't called me yet. My mother is an con-artist. She is so good that she has been able to drive with a fake license for several years now and has basically beaten every law (so it appears).
    I have saved every email, or anything that i have doen to fix this...down to the certified receipts.
    I guess my question is: IS there anything that i can do that would help me? I don't have any money. I just stopped working because I injured my back on the job. So, its not like I have the money.
    thanks
    kamilah
    Last edited by poetry1mind; 06-08-2005 at 09:37 AM.
  2. #2
    ChiliPalmer is offline Member
    Join Date
    Jun 2005
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    39
    *whistles*

    Heavy stuff. Well, filing a police report is the first step. Your defense is fraud but you'll never get anyone to believe you've been defrauded if you won't take it to the police. I have a few questions: How old were you when your mother did this? You mentioned college and that leaves somewhat good odds you weren't eighteen at the time. Were you notified that they would be suing for judgement, and how did they get that judgement against you? There might be clues in the answer as to how you might go about getting the judgement set aside (personally I'm hoping failure to serve or filing in an improper venue).

    Stay off the phones at all time and send all communications through US postal, certified mail return receipt requested.

    I recommend a site, with conditions. Go [url="http://www.artofcredit.com/board/forumdisplay.php?f=7"]here[/url] and look for a poster named Crowmom. You might want to drop her or Enigma a PM. TowerRat or FlyingIFR would be very helpful, but they tend to assume everyone has a similar amount of knowledge (ie; a lot), which can be confusing for new posters. Those latter two are also probably going to recommend you start suing everyone in sight. Granted, this is an effective method! However, in your case, I think you're in a bit over your head as it is and throwing lawsuits around might not be the most helpful at this point in time. So definitely talk to Crowmom or Enigma, they will have good information as to how you can take care of that judgement.
  3. #3
    poetry1mind is offline Junior Member
    Join Date
    Jun 2005
    Location
    Hamilton, NJ but trying to move to NC
    Posts
    8

    IDentity Theft

    Well thanks ChiliPalmer. I will look into that. See when this had first happened i was 18 and in college. It was with like 4 diff credit card that i had opened. I sent her her because she demaned me to and she told me she would hold them. OF course she used them. THis was back in 1998 and those arent the ones that i am having problems with. Since they are like 7 yrs old most creditors haven't gone after me. So i guess I dismissed them. But its this 2001 credit card that she opened thats the killer. The thing is she knew what she did to me back in 97-98. I was young and didn't press charges against her and pretty much didnt know anything about identity theft and of course I wasnt going to press charges on her. But now...oh yes. Obviously this is an habit for and what makes these credit cards different from the other ones is that I didn't open this one.
    The college thing can throw one off. I attended 1 yr in 97-98 and went back in 2000-2004
    How was I contacted?
    This is hard because I wasn't notified until it was too late. I guess since i was staying at another address the bills were going to her and never to me and she disregarded them. And when they finally caught up with me they demanded money and basically wasn't trying to hear me out. One time they did tell me to just write them a letter stating that the account is fraud but that did not seem to help. Thing is they are not consistent with me. Their letters are like months apart and its so hard to keep up because I am dealing with other identity theft accounts. I dont know how they got the judgement against me. I do remember getting something from the lawyers and I had to respond. I contacted the courts but no one never called me back. I was never served with anything. I just always got letters that were weeks late because of me moving.
  4. #4
    Tayla is offline Member
    Join Date
    Jan 2003
    Location
    Pennsylvania
    Posts
    860
    Lesson 1- Pull your credit reports on a semi annual basis. (this could have all been headed off earlier had this been done)
    Lesson 2- Stick to the main issue- Fraud or alledged fraud. For all anyone heres knows you could have filled the apps out , chalked up a bunch of charges and then turned around and accused your mother. (Not to say you actually did). Just another way that a lawyer would look at it.
    Lesson 3- Hire a lawyer, or get legal representation. You'll need it to support your claim in court.

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