several creditors are harassing me for money due on various accounts, which were opened by my ex-husband without my consent or knowledge. These charges took place since the 1990's and were perpetuated by my ex-husband and his girlfriend. They used my personal information, e.g., ss# . He has been deceased since 9/10/07 and when I ask these creditors for proof of signature and purchases they say they can't provide me with that information. Please advise.
Tell the creditor to either sue you and prove you are the debtor or go away. I am trying one of these cases this Friday. They end rather quickly.
DISCLAIMER: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the Commonwealth of Pennsylvania. Responses are based solely on Pennsylvania law unless stated otherwise.
James S. Tupitza
212 W. Gay Street
West Chester, PA 19380
Your question raises a number of legal issues. The collectors may be violating either federal or state law regarding debt collection, which require them to validate debts when requested. You can make a written request for this information, and can also notify them in writing not to contact you. Keep a copy of whatever you send to them.
If they were to sue you, you can defend on the fact that it isn't your debt, and it may also be barred by the statute of limitations.
You should also check your credit report, both to see if these debts are listed, and if there are any other improper items. You can then file a report with the credit reporting bureau to try to clear them up.
Talk to an attorneyin your state who specializes in representing consumers and handling cases under the Fair Credit Reporting Act. A good place to find one is the National Association of Consumer Attorneys web site: naca.net. Most will provide a free consultation, and many take cases on a contingency basis. If you have not yet disputed the accounts with the credit bureaus, that is the first place to start. You also need to obtain a financial identity theft police report. Order your credit report from the three major credit bureaus to identify all of the fraudulent accounts -- you can obtain your one free annual copy at annualcreditreport.com. You should also request that a fraud alert be placed on your credit report, and strongly consider a credit freeze if any of the accounts were opened recently. The FTC web site has a lot of good information for identity theft victims.
