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Need id theft/removal advice?! Please!

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willwar14
Valued Contributor

Need id theft/removal advice?! Please!

So back in 2011 my sister stole my dads ID and due to my dads trust he didnt notice everything until the damage had already been done, she had opened 3 accounts and ran up my parents bank account, she opened an account with cap one 3.5k, gettington/webbank $650, credit one $600, and made fake check advances adding upto $3.6k and cleared out the account. At the time my parents just went ahead and paid everything to avoid having her in legal trouble but what I want to know is now that im trying to clean up my parents credit, would my dad be able to file a police report and have everything she did removed? Our states SOL on fraud is 3 years, and if my dad were to end up filing a police report could my sister get in legal trouble? She was 13 at the time she did all this so she was a minor. Another thing i want to ask is, the bank account charge off is on their credit reports, as is the judgement that they issued that garnished my parents wages, if they were to have a police report filed could they get that all reversed and removed? Also keep in mind everything has been paid so idk how much that changes things.. Thanks all and if you need anymore info ill respond asap!!

 

They've contacted everyone and explained what happened and they refuse to remove, and still refuse to remove through goodwill Smiley Sad.

CH7 FILED: 08/18/2022, DC: 01/23/2023
Message 1 of 3
2 REPLIES 2
Anonymous
Not applicable

Re: Need legal advice?! Please!

I am not a lawyer and therefore not really qualified to give legal advice, as that would best be left to actual lawyers and not forum members. But if the SOL is 3 years, then it sounds like filing a police report from 2011 would be a moot point in terms of seeking legal relief from the matter. But if i were in your shoes, I'd go the route of 605b under the FCRA to try and have the faulty charges blocked from the credit report. I'm not sure that you can just file a police report now after you had full knowledge of the crime almost 5 years ago and hope to use that report to help clean up the credit. But I work in software and not law and my advice is to be taken with a grain of salt. I'd at least try to file the report and use it to get the credit cleaned up. All they can say is no or yes and it's definitely worth a try.

Message 2 of 3
Anonymous
Not applicable

Re: Need id theft/removal advice?! Please!


@willwar14 wrote:

So back in 2011 my sister stole my dads ID and due to my dads trust he didnt notice everything until the damage had already been done, she had opened 3 accounts and ran up my parents bank account, she opened an account with cap one 3.5k, gettington/webbank $650, credit one $600, and made fake check advances adding upto $3.6k and cleared out the account. At the time my parents just went ahead and paid everything to avoid having her in legal trouble but what I want to know is now that im trying to clean up my parents credit, would my dad be able to file a police report and have everything she did removed? Our states SOL on fraud is 3 years, and if my dad were to end up filing a police report could my sister get in legal trouble? She was 13 at the time she did all this so she was a minor. Another thing i want to ask is, the bank account charge off is on their credit reports, as is the judgement that they issued that garnished my parents wages, if they were to have a police report filed could they get that all reversed and removed? Also keep in mind everything has been paid so idk how much that changes things.. Thanks all and if you need anymore info ill respond asap!!

 

They've contacted everyone and explained what happened and they refuse to remove, and still refuse to remove through goodwill Smiley Sad.


Here's the deal. The fraud/ID theft was committed by a minor child. Under the laws of most states, the parents are responsible for any monetary damages caused by the actions of their minor children. So I don't see how going the ID theft route is going to grant any relief from the monetary aspects of this.

You might be able to get the charge offs removed using FCRA 605B, but thats about it. Even thats iffy given the CRA's could potentially argue that since the minor child lived with the parents, the parents potentially benefitted from the ID theft.

Message 3 of 3
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