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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33928
Experience:  Began practicing law in 1992
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My (ex) business partner used my personal info to open a

Customer Question

My (ex) business partner used my personal info to open a credit card in my name and maxed it out. He hurt my credit and now I owe thousands of dollars. I tried to file a police report but the officer would write it and Capital One is saying it's not fraud cause we were business partners. Should I try again for a police report or small claims ?
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: He lives in Nj I live in Ma
JA: Has anything been filed or reported?
Customer: A couple months months ago
JA: Anything else you want the lawyer to know before I connect you?
Customer: I want to sue this guy for damaging my credit
Submitted: 1 month ago.
Category: Legal
Expert:  Dwayne B. replied 1 month ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 1 month ago.

Please allow me several minutes to read your facts and type my response.

If you receive an email regarding a phone call for an extra price that comes directly from the website and not from me and I have no control over the sending of the email. I don't take part in the telephone program and only work through this format and under your facts this format should be sufficient.

Expert:  Dwayne B. replied 1 month ago.

There is no reason you can't do both: a civil lawsuit and file criminal charges.

What you may want to consider is retaining a local attorney to see if they can be some help in getting the criminal charges filed or making Capital One back off of you owing the debt. They can potentially do this by threatening to file a civil lawsuit against Capital One or threatening to file Bankruptcy on that debt (whether you would actually file bankruptcy or not is not the issue - it is whether the lawyer can make them think you would).

It should be relatively inexpensive to have the lawyer handle this part since it is just a matter of writing letters and making phone calls. Although if you do decide to sue Capital One you will probably want to use a lawyer, since they will use lawyers, and you can sue them for your attorney's fees as well.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Expert:  Dwayne B. replied 1 month ago.

I am going to be offline for about an hour. You can still post your response and I'll see it when I get back online.

Expert:  Dwayne B. replied 1 month ago.

I am back if you have any followup questions.