Forged Signature

[davee1972]

What is the name of your state? Texas
I have received a copy of a contract that I did not sign for. The debt collector is trying to squeeze me for around 600 dollars. I suspect that my ex-wife forged my signature while we were separated. How do I get the debt collector from contacting me further?

 

[cmorris]

What is the name of your state? Texas
I have received a copy of a contract that I did not sign for. The debt collector is trying to squeeze me for around 600 dollars. I suspect that my ex-wife forged my signature while we were separated. How do I get the debt collector from contacting me further?

This is called identity theft. First thing, file a police report. Write a letter to the creditor (OC or CA?) stating this is ID theft, along with a copy of the police report. Send this CMRRR. Get copies of your CR from all 3 CRA's to check for other errors.

Here is what the FTC states:

If you think your identity has been stolen, here's what to do now:

Contact the fraud departments of any one of the three major credit bureaus to place a fraud alert on your credit file. The fraud alert requests creditors to contact you before opening any new accounts or making any changes to your existing accounts. As soon as the credit bureau confirms your fraud alert, the other two credit bureaus will be automatically notified to place fraud alerts, and all three credit reports will be sent to you free of charge.

Close the accounts that you know or believe have been tampered with or opened fraudulently. Use the ID Theft Affidavit when disputing new unauthorized accounts.
File a police report. Get a copy of the report to submit to your creditors and others that may require proof of the crime.
File your complaint with the FTC. The FTC maintains a database of identity theft cases used by law enforcement agencies for investigations. Filing a complaint also helps us learn more about identity theft and the problems victims are having so that we can better assist you.

For more in-depth information on recovering from identity theft and help with specific problems, read ID Theft: When Bad Things Happen to Your Good Name.

Source: http://www.consumer.gov/idtheft/

 

[davee1972]

Thanks for your prompt response. The contract in question was signed July of 2000. Is a police report the only way to disprove my liability?

 

[cmorris]

Why don't you want to file a police report? Is there something you're not saying???

 

[davee1972]

haha...no I was just exploring my options

 

[cmorris]

Without a police report, how does a creditor know identity theft happened? They could just as well assume you are trying to get out of paying a legitimate debt.

And in case it IS a legitimate debt, it is illegal to file a false police report...

 

[davee1972]

ok...well it isn't my signature and I assume a police report may get my children's mother in a little hot water, but if that's the only way....

 

[cmorris]

If you are serious, and don't want her in any trouble, bring it up in a casual conversation. State that you are going to the police. If she confesses and is willing to pay in full immediately, let her. But it will stay on your CR if it's already there (even after it's paid--and it will stay there for 7 years from the DOLA).

Or, if you are just such a nice guy, pay it yourself. It will still be on your CR.

Those are your only other options.

But if it is on your CR and you want it off, the only way is to file a police report and follow what the FTC states. The only exception is for the CA to accept a pay for delete, but that is usually hard to accomplish.

 

[LittleNapolean]

Without a police report, how does a creditor know identity theft happened? They could just as well assume you are trying to get out of paying a legitimate debt.

They can just as easily assume you filed a false police report as well.

If it's not your signature tell the creditor, "that's not my signature".

 

[Ladynred]

Your signature or not, if you were still married when she did it, you could still be on the hook. TX is a community property state - you share all assets - and all debts incurred during the marriage.

So, does TX law require a legal separation ? If so, were you legally separated when she did this ??

 

[davee1972]

We were not "legally" separated when this occurred, and I have told the creditor that the signature wasn't mine. Of course that didn't change anything.I guess I'll offer to pay half. Thanks everyone for your advice.