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attyadvisor
attyadvisor, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 7210
Experience:  29 years of practice consumer protection law
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A collection/legal firm has filed suit to collect $800 plus

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A collection/legal firm has filed suit to collect $800 plus court costs to force me to pay a credit card debt for a card signed for by my adult son. He has had problems with drugs, leading to convictions, jjail time, no checking accounts so no way to pay monthly. He gave me money from casual labor work to pay monthly, so I sent a number of checks to cover his account. They seem to have take my info off the checks to assign my son's debt to me. I did not co-sign anythng, did not have a card, did not use a card at any time. Bank in Las Vegas, and we are in GA. Son told me he recalled an online sign-up, so I was not involved.
JA: What state is this in? And when did the issue begin?
Customer: He/we are in Georgia. Looks like account opened in January 1, 2016. Credit report shows account was "OK" in January and February, so I could have paid for him only 1 or 2, if at all. In March, report shows account as "30", Looks like it was a charge off by October 1, 2016. I was served during August 4, 2017. Son was just out of jail in early 2016. Re-arrested in mid June, 2016. and just recently out again. In jail, there was to way to pay. I have asked twice for proof that I signed for the card. None has been offered. I talked to my son about this and he thinks he replied to an unsolicited offer online. May have shown me as a reference, but there is no way I would have signed off on this.
JA: Have you contacted the manufacturer?
Customer: Card issuer was Credit One Bank NA in Las Vegas. After write-off, the file looks like the debt was sold at least twice. Midland Funding seems to be the client of Cooling & Winter attorneys in Marietta, GA. I have had limited contact with C&W, especially since they filed suit. I did respond to the court. I originally told C&W that I would try to look into it since I know nothing about this card. Had to look it up in old bank records and credit report. C&W has sent fraud report forms twice. I won't return them since I see no fraud on anyone's part except their's for changing names on the account. There is only one black mark on my credit report going back over 43 years. It's their's, and I have proof that it has damaged my credit with American Express, Bank of America and in changing my cell phone service to Sprint.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't understand how they can change the name on the account. I don't understand why they can't produce a credit card agreement form signed by me as simple proof that it was my account to begin with. Assuming they have done something between improper and illegal, I want that black mark off my credit report and I think I want compensation for thousands of dollars of lost credit and a lower FICO score.

Welcome to JA and thank you for your question. I will be the Attorney that will be assisting you.

If you are not a party to the credit card you own them nothing. This is a scam that has happened to many people and needs to be reported to the FTC, the cfpb and your State Attorney General.

https://topclassactions.com/lawsuit-settlements/closed-settlements/309177-midland-credit-management-tcpa-class-action-lawsuit-settlement/

Customer: replied 27 days ago.
But the account opening and subsequent activity didn't begin until on/about January 1, 2016? I can't be included in the class action, and the judge may well declare this information irrelevant and in-admissible. Plus, to update my initial information, they have never replied as to my question as to whether or not Credit One Bank (this case original bank) and another one I had sent payments to were ever the same bank. The appear to not have been joined. That means I have actually never sent money to Credit One in behalf of my son. Having never replied to my request to be sent a copy of the credit card application, they must not have one with my signature. So Midland not only screwed by credit report for thousands of dollars credit lost, but how can they possibly justify putting my name on what may or may not have been an account opened by my son?
I am just showing you an example that they are a scam. They cannot justify this and you have an action against them. Give me a few moments to provide the links for the complaints that you need to file. Where are you located so I can also provide a link for Attorneys in your area that provide FREE consultations?
This is fraud and you will want to file a complaint with the FTC at https://www.ftccomplaintassistant.gov/#crnt
This is the link to file a complaint with the Consumer Financial Protection Bureau at https://www.consumerfinance.gov/complaint/
Where in Georgia are you located?
Customer: replied 26 days ago.
Dunwoody, GA 30338. It is a suburb of Atlanta, in DeKalb County. I have a date in Magistrate Court next Thursday.

This is a scam and make sure to file the complaints so you can have them for court. Give me a moment to provide a link for Attorneys that provide FREE consultations in your area.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

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You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out.

Thank you for your consideration.

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