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Is this legal can they make me pay?

  
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Is this legal can they make me pay?

Postby barraq » Mon Dec 19, 2011 4:14 pm

First things first (close the account). Next step contact Ms. Crissa Thull & advise her to pay any balance left on the account or you will report her ID Theft activity to the Federal Trade Commission (FTC). Either way she is going to get some unwanted attention. You should be looking out for youself
because she is damaging your credit.
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Is this legal can they make me pay?

Postby dacy17 » Mon Dec 19, 2011 4:24 pm

They don't seem to understand.

You have clearly stated that you did not order this service. They have the burden of proving that you did. Unless they can show that you or someone you authorized did this, they have absolutely no case against you. In fact, you have legal rights if they attempt to collect on a debt that you do not owe.

If people could go around using anybody's name they want, and the company could collect from the innocent victim of identity theft, then what sort of system would we have?

If all they want from you is a sworn statement that you did not authorize this, then maybe they should send you the form for you to sign, since they're the ones who made the mistake.
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Is this legal can they make me pay?

Postby barraq » Mon Dec 19, 2011 4:26 pm

Yes, they need some sort if proof that it really isn't you. If they just took your word on it everyone would start calling up companies and saying someone else did it.

If you refuse to supply them proof at this point, you can and will be held legally responsible for all charges.

You could try to make a contract with the person who used your name stateing that they will be responsible for the payment of the bills. So at the very least you could sue them for any unpaid bills. But it still might mess with your credit scores if the bills go unpaid for too long.
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Is this legal can they make me pay?

Postby gwynethpaltrow8 » Mon Dec 19, 2011 4:30 pm

Summary: If you don't do the ID theft affidavit, you have to pay all bills or fees that come with this account. If you do, you are putting this woman at risk for legal action BUT you are putting yourself at risk for paying HER bills. Here's the decision: Either you possibly pay her bills if she stops paying OR you open an affidavit and investigate her, possibly fining her or a little jail time. There is no way to compromise between these two choices UNLESS she cancels her service and opens a new one in HER name, or changes the names and info herself.
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