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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 26128
Experience:  16 yrs. of experience including criminal law.
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My son forged my name on seven student loans through Chase

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My son forged my name on seven student loans through Chase Bank in Ohio and he did it online, all he had to do was put my name and my birthday. I had excellent credit, I know he has to be responsible, but I was wondering if their would be any actions against the bank, I never received any phone calls, letters or anything. I had no knowledge of this happening to me until it was too late. My credit is now ruined and we are in a mess. We need help fast.
Thank you,
Russ Williams
Submitted: 4 years ago.
Category: Criminal Law
Expert:  P. Simmons replied 4 years ago.
Thanks for the chance to assist

Can you tell me, is it chase bank that has harmed your credit...the same bank that took funded the loan? Have they not yet correct this?
Customer: replied 4 years ago.

He took out $50,000. loans in a two year period and has not paid on them. That is what has ruined our credit. Chase bank sold the loans to American Education Services, right after they were taken out, I have copies of the seven individual loans from the bank. My question is how can my son just put my B-day and name down and receive these loans, and they never contacted me for approval. Shouldn't they be held responsible? My wife can't even go to our Bank in town and just get a loan without my signature or knowledge.

Thank you

Russ

Expert:  P. Simmons replied 4 years ago.
Under the Fair Credit Reporting Act (FCRA) there are several rights available to you that may help.

You can see the entire FCRA here

http://www.ftc.gov/os/statutes/031224fcra.pdf

If this was done by fraud, without your knowledge, you would not be liable for the charges and the bank would not be allowed to report them on your credit report. First you would need to notify local law enforcement to report this...keep a copy of the police report.

Second, you need to write to the credit reporting agency disputing the item. When they receive your letter disputing the bill and the balance shown, they must investigate the item in dispute (usually within 30 days) by presenting the information you submit to the creditor. The creditor must review your evidence and report its findings to the credit bureau. The credit bureau must then give you a written report of its investigation and a copy of your report if the report results in a change.

Third, you should notify the creditor (prodiving them a copy of the police report as well) and demand that they remove the negative report.

If the creditor refuses, you can then sue them. Sections 616 and 617 of the federal "Fair Credit Reporting Act" permit you to sue for "Willful Noncompliance" or "Negligent Noncompliance" of the FCRA. Also, report it to the Federal Trade Commission, Washington, DC 20580. While they cannot act as legal counsel in private disputes, your information may be vital to the enforcement of the FCRA.
I would also likely file a state claim for defamation, if their information is wrong and they've been apprised. Once litigation is started, it is possible that you may THEN get to see/demand all info in their file regarding this issue, via a discovery demand.


I agree with you...to allow someone else to forge your "signature" this simply seems wrong...that is why I recommend above that you sue for non-compliance AND defamation if they do not comply with your demand to remove the offending items.


Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.

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Customer: replied 4 years ago.

Your saying the only way we can sue the bank is by them not clearing our credit, after filing fraud charges. This is our son we are talking about, it is very hard to file on him, even knowing he did wrong. The bank should have never approved the loans to begin with. When I contacted the bank they had sold the loans and their is no evidence of me or my sons name in the system, but I have the papers to prove that is was from that bank.

Expert:  P. Simmons replied 4 years ago.
Understand the dilemma...but unless you designate this as fraud, the bank can legally hold you liable for the debt. It is fraud. You are protected. But to get that protection you will need to report it.

I agree the bank should not have approved...but to hold them accountable you have to provide all the evidence...otherwise you will not "have a case".

BotXXXXX XXXXXne; you have to choose if you want to go after the bank by reporting on your son or not...there is not a "middle ground" here. Sorry to bear bad news.


Customer: replied 4 years ago.

By filing the fraud, can we actually go after the bank? What will happen to our son. We are so sick over this. I appreciate all your help with this matter.

Thank you,

Russ

Expert:  P. Simmons replied 4 years ago.
If you file fraud, the bank will be required to retract the negative credit reports. IF they do not, then you can file suit.

Your son is at risk of prosecution...but it will likely depend on if the bank is made whole...if they bank gets their money they will likely be less inclined to continue to press to prosecute. Ultimately it will be up to your county attorney if they file charges...again if the money is paid it is likely they would not.
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 26128
Experience: 16 yrs. of experience including criminal law.
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