If my brother fraudulently opened up a credit card account in my name, how doI clean up my credit report?

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If my brother fraudulently opened up a credit card account in my name, how doI clean up my credit report?

My brother opened up a credit card without my consent. It went to collections and I told the collection company that I knew nothing about it. When I contacted the original creditor, they told me that they can’t help me and that I needed to contact the debt collection agency. The agency found me not responsible for this account and my brother signed a responsible party affidavit. It stated that the account was his financial responsibility. I was told that I can’t claim fraud after he signed the affidavit. How do I clear up my credit? The collection agency agrees with me but the original creditor won’t co-operate. 

Asked on January 6, 2011 under Bankruptcy Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You have the right to dispute entries on your credit report.  What you need to do is to write to each of the three credit reporting agencies and tell them that you are disputing the entry (name the entry specifically).  Once they get the letter they have to send a letter to the original creditor indicating that you are disputing the entry.  The creditor then has 30 days to respond to the credit reporting agency.  If they do not respond within the 30 days then the credit reporting agency has to take the disputed entry of of your credit report.  The odds are in your favor.  If they do respond then you have the opportunity to dispute the entry directly.  Good luck.


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