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Fraud affidavit

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Established Member

Fraud affidavit

A creditor is requesting a fraud affidavit to remove a listing on my credit report. However I want to know the ramifications for the person I file it against as I don't want anything to happen to them.

What is the worst case scenario?
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Message 1 of 12
11 REPLIES
Moderator

Re: Fraud affidavit


BARIIIIIIICODE wrote:
A creditor is requesting a fraud affidavit to remove a listing on my credit report. However I want to know the ramifications for the person I file it against as I don't want anything to happen to them.

What is the worst case scenario?

Fraud is a felony and the dispostion is up to the creditor. They could choose to file a complaint with the police and prosecute if they know who is responsible.

 

Edit:  Committing the act is a felony

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Message 2 of 12
Established Member

Re: Fraud affidavit

So recommendation would be to let it be?
Message 3 of 12
Moderator

Re: Fraud affidavit


BARIIIIIIICODE wrote:
So recommendation would be to let it be?

If you dont want anything to come of it to the person who did it then yes leave it alone. Personally I would file on anyone who did it to me and that includes family.

"If there's a lack of money in your life, understand that feeling worried, envious, jealous, disappointed, discouraged, doubtful or fearful about money can never bring more money to you, because those feelings come from a lack of gratitude for the money you have."

"Reactions are powerful creators because they contain every element needed to manifest—they're a combination of thought, belief, and feeling in action. Positive reactions create more positive things, and negative reactions create more negative things. If you can respond to negative situations calmly and lightly, instead of with emotional turbulence, what happens next in your life will be so much better."

- Rhonda Byrne

Message 4 of 12
Established Member

Re: Fraud affidavit

Don't want them to go to jail so I guess I'll suck it up
Message 5 of 12
Community Leader
Super Contributor

Re: Fraud affidavit


BARIIIIIIICODE wrote:
A creditor is requesting a fraud affidavit to remove a listing on my credit report. However I want to know the ramifications for the person I file it against as I don't want anything to happen to them.

What is the worst case scenario?

I would forget dealing with the creditor, and simply file an ID Theft exclusion with the CRA's. It will require an "ID Theft Report" but that can be done a number of ways and you do not in any way need to point out a suspect. Your credit need not suffer simply because a friend/relative decided to be a jerk.

 

Even with a fraud affidavit to the creditor, you are not required to "give up" a suspect. Simply assert that you in no way authorized the account, or transactions, that they are alledging you owe.

 

 

Can you elaborate further on the circumstances of the fraud?

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Message 6 of 12
Community Leader
Legendary Contributor

Re: Fraud affidavit

Your scenario is not the typical identity theft process under the FCRA.

 

Under FCRA 605B, a consumer can file an "identity theft report" with a CRA, which, if accompanied by proof of the consumer's identity and a statement by the consumer that they never authorized the transaction/account at issue, requires the CRA to then block the information from the consumer's credit report.

An "identity theft report" is the key component of that requirement , and is defined under FCRA 603(q) as a sworn statement before a law enforcement agency of their assertion that they did not authorize, and thus any reporting must have been based on use of their identity by another. 

A "fraud affidavit" is not a formal requirment under the FCRA identity theft process.  It is simply one means for a consumer to meet the addtional requriements of section 605B as to proof of identity and their statement that they did not authorize.  At least one CRA wants an affidavit as the means to meet those requirments.

 

Your creditor is apparently stating that they are willing, if you provide them a fraud affidabit, to delete the reported information.

That is very generous on their part, and totally outside of the normal requirements under the FCRA identity theft process (assuming that is what they really mean/intend).

If they are willing to accept only an affidavit on your part, then you would not be the party filing a police report, and thus initiating any possible criminal investigation.

If the credtior chose to do so, that would be out of your hands initially, but may well lead to a police investigator knocking on your door for a statement.

If an invetsitgation were to be opened, I would assume you would definately still become a party.

Message 7 of 12
Established Member

Re: Fraud affidavit

How would I go about filing an ID Theft Report?

 

My exgirlfriend signed up for a security system from a "Hot Sale" inside the house we were living in at the time. The salesman pressured her into signing up for a 5 year agreement for a house we were renting. She forged my signature/name/SSN infront of the salesman and now are coming after me for the balance. I have been fighting with them on and off for the past 3.5 years.

 

Filed a complaint with the BBB and the response I got was:

 

If this is truly fraud all we need is documentation stating such but as of yet it has not been provided to ******* nor the BBB for review. We are more than happy to help get this resolved but we have provided documentation showing the contract as well as it being signed and all we need is a fraud affidavit.

Message 8 of 12
Established Member

Re: Fraud affidavit

This is what I found: Is this what we are talking about?

 

https://www.consumer.ftc.gov/articles/pdf-0094-identity-theft-affidavit.pdf

Message 9 of 12
Valued Member

Re: Fraud affidavit

https://www.identitytheft.gov/

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Message 10 of 12