About two years ago, someone took out credit under my name. I have called CONNS and they told be the application was taken by phone. After Conns no getting payment on said item, they placed it on my credit report. I have disputed the item on my credit report and nothing. The thing is I have been out of the country for the past 7 years. And they wont do anything about. I wanted to know if I can sue CONNs store for damages. Ive also read this has happen to them with CONNS. And also, they sent me a copy of the contract and a id that they used, and it was my real name on the id but the signture is in a different name. So they know they did something bad.
Country relating to Question: United States
State (if USA): Texas
Thank you for the post, I am happy to assist you by answering your questions. Yes, you can sue the company for negligence claiming that prior to issuing a card in your name, more security measures should have been taken to ensure this was not a case of credit card fraud. Further, when you disputed the debt as fraudulent it should have been removed from your credit report upon a showing that you indeed resided out of the country during the relevant periods. Please let me know if you need additional guidance.
Question, Ok...Now that I know I can sue, What is the amount to sue for or give me a range. The credit was taken and the amount was 1100 dllrs.
You can sue for the damage you suffered as a result of the incident. Specifically, you would sue for the damage to your credit rating and any harm you suffered as a result, for example, if you applied for credit and were denied or if interest rates on credit increased due to the decrease to your credit score. Bear in mind that you must sue within the applicable statute of limitations, which is 2 years from the date you knew or should have known of the negligence.
Relist: Answer quality.
Miguel, please tell me how you find the quality lacking? Is it that you need additional information? If so, what additional information do you seek?
Well..... What law was broken if any? Now on the statue of limtations, its still show on my credit report as a charge off, and sold to an collection company. I just found this out about a year ago and since started to dispute it. Now im going back to the USA in Jan of 2013. Since its still on my credit , is their a statue of limitations. Just checked my credit report is was opened in 10-03-2009....
Regarding your answer of what law was broken, an actual law does not need to broke to give rise to a suit, this is a very common misconception. To illustrate, if two people enter into a contract, for example a loan agreement, and one person refuses to pay, the person refusing to pay did not actually break a law but did breach the loan agreement and can be sued as a result. Before moving onto the statute of limitations, I want to make sure this aspect is clear to you. Please let me know if you do not understand this point.
Yes I understand that point.
ok, then do you understand why in your case the basis of your suit is not that the credit card company broke any law?
Yes it was the CONNS negligence. Not the credit company. And on the statute of limitions
Thank you, XXXXX XXXXX statute of limitations (SOL), it serves to bar a claimant from bringing what is considered a stale claim (i.e. a claim that should have been brought previously and is now considered too old). The time period, 2 years in your case, starts from the date the plaintiff knew or should have known of the existence of the claim (i.e. the date you knew or should have known of the fraudulent account, which would correspond to a time reasonably after the account first appeared on your credit report, e.g. within 6 months of it appearing on your credit report). Please let me know if you do not understand how SOL applies to your case or what period you have to file suit.
Now i dont know how that is... can you explain to it pertains to my case. on the credit report its show 10-03-2009 and I just found out about last year.
Did it first appear on your credit report in October or November of 2009, or does your credit report show that is when the account was opened?
This is what my credit report shows.
Thank you, XXXXX XXXXX first reported on 7/1/2010. This means you have until 7/1/2012 to file suit. You therefore should move quickly to retain counsel to file suit on your behalf. I presume that you listed Texas as the state for your question that the account was opened when you were believed to be a TX resident. Please let me know if this is not the case.
The thing is Im still out of the country and wont be back till Jan 2013, and I did not now till last year. Im from Texas. But if it keeps reporting on my credit report
I understand, but the fact that you are out of the country does not mean you cannot retain counsel to file suit on your behalf. Further, the matter will stay on your credit report unless and until a court finds that the account was opened fraudulently, and in order for this to happen, you have to file suit.
Ok... Understand that part... What type of lawyer takes this case... Ive called so many and since im out of the country. Some wont even call back to hear my case. I need in this part as well....Will a lawyer charge me or take a amount out of the claim.
An attorney will be ore apt to charge you by the hour because the value of the claim is relatively small. You should consider making use of the Texas Bar's lawyer referral service:(NNN) NNN-NNNNor (877) 9TEXBAR (Toll Free), Monday - Friday, CST, 8:30 a.m. to 4:30 p.m effective Sept. 1, 2010. The call-in service is closed on legal holidays. website: http://www.texasbar.com/AM/Template.cfm?Section=Lawyer_Referral_Service_LRIS_
Question.... If I dont file lawsuit before July 1, 2012 is there a way around it after...I read on the statue of limitations can be different on a case....
No, there is not. The statute of limitations can be tolled in cases of incapacity or the defendant's bankruptcy, but these exceptions do not apply to your case.
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