QUESTION
What is reasonable settlement amount for fraudulent phone charges?
Asked on Feb 15th, 2013 on Bankruptcy - North Carolina
More details to this question:
I have a $3,000 debt to Alltell, more than half of that debt was fraudulently put on my account when my ex-brother in-law got phone lines in my name without permission.
He went into store and didn't show id or nothing and they gave him phone lines!
On top of that, Alltell sold to Verizon and didn't keep my paperwork (Contracts) they just have bill information, so they can't provide me with what I need to take my brother in-law to court for it as fraud.
Verizon just said "we don't have paperwork but we know you put this debt on here it's not fraud you need to pay it".
I am willing to settle with them, but what is a reasonable settlement amount? Or what other advice would you have on this?
4 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
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See an attorney, if you were unaware of you ex-brother in laws use it should be his bill and loss, as well as a possible criminal violation.
Answered on Feb 20th, 2013 at 2:23 PM
I would offer $1000. If there is an identity theft issue you can report it to both the police and Federal Trade Commission.
Answered on Feb 20th, 2013 at 2:23 PM
Debt Collection Attorney serving Chicago, IL
Partner at
Edelman, Combs, Latturner & Goodwin, LLC
2 Awards
I would not recommend paying any part of the fraudulent charges, if you are willing to file a financial identity theft police report regarding the fraud. If you are, file the report, and send that along with a fraud affidavit and dispute to the creditors and any credit bureau that is listing the account. If they won't drop the fraudulent charges from the amount owed, you should see an attorney who specializes in consumer law.
Answered on Feb 20th, 2013 at 12:40 AM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
at
Love and Dillenbeck Law
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Speak to a lawyer in your area. I wouldn't be so quick to concede that you owe them money. I would write to them in a certified letter (keep a copy) and highlight that they are wrong. Demand that they remove the charges. You may have an unfair debt collection claim against them as they can't prove that you opened the new lines, especially since it was done fraudulently.
Answered on Feb 20th, 2013 at 12:32 AM