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About Chris Ebert
Expertise
I can answer questions for Texas and California residents concerning issues that involve creditor and debtor rights. Specifically, I can answer questions concerning: FDCPA, FACTA, FCRA, and Texas / California state collections violations.

Experience
For the last 6 years I have worked as a Sr. Paralegal in a law firm (http://www.henleycreditlaw.com) that defends debtors against their creditors. I have reviewed thousands of credit reports and under the supervision of our attorney helped hundreds of client resolve their credit issues.

Organizations
Henley & Henley, PC

Education/Credentials
BBA University of Texas at Austin

 
   

You are here:  Experts > Business > Corporate Law > Collections Law > Collection Notice

Collections Law - Collection Notice


Expert: Chris Ebert - 6/20/2009

Question
I'm being Sued for Delinquent Credit Card Debt for a credit card that i don't have in bank of America, the collector office is midland credit management, I check my credit report and there is nothing wrong on it.... i think someone is using my social security number to open accounts i my name... so what can i do or how can i prove it is not my debt.

Answer
Daniel,

If you are being sued then a constable, sheriff, or private processor has served you notice of the lawsuit. There are many variables to a collection lawsuit. You will want to show the paperwork you were served with an attorney to discuss all those variables. Most attorneys will give you a free initial consultation.

Keep in mind that Bank of America took over many credit card companies. The biggest was MBNA. They can also go by FIA Services.

If you checked your credit report and nothing was on there it could be that the debt is over 7 years and can no longer be reported on the credit report. In most states, creditors or their assigns (Midland Credit) only have 4 years to bring a lawsuit against a creditor.

If you are worried about identity theft, then contact each of the credit bureaus and put a lock on your credit.

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