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Can I File a Fraud Report Against a Dead Person

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  • 02-16-2013, 12:38 PM
    Mooreagirl
    Can I File a Fraud Report Against a Dead Person
    My question involves collection proceedings in the State of: CA

    A family member forged my signature on a loan document in 2010 without my knowledge. That family member is now dead, and the collector is now trying to collect from me (which is how I found out about the forgery). I've provided the collector with several examples of my signature which clearly show I didn't sign anything, yet now I'm being told I have to file a police report, against a DEAD person for the fraud. Is that even possible? It's a small enough amount that the lender could simply write it off, however they refuse. Any suggestions?
  • 02-16-2013, 12:41 PM
    Dogmatique
    Re: Can I File a Fraud Report Against a Dead Person
    The dead person cannot exactly defend themselves (which would be the Constitutional right of a living person, obviously). I don't see what you'd gain here.
  • 02-16-2013, 12:51 PM
    Mooreagirl
    Re: Can I File a Fraud Report Against a Dead Person
    That's exactly what I thought, even when I asked her "I'm supposed to file a police report against a DEAD person?" There was a pause, then I was told "yes". The decedent was a close enough family member that they had all my personal info, so they can report this on my credit report. I guess it's the principle of it that makes me want to fight.
  • 02-16-2013, 01:05 PM
    Disagreeable
    Re: Can I File a Fraud Report Against a Dead Person
    You can make a police report regarding the fraud. The burden of proof will be on you that is was the dead person and not you. They are unlikely to exhume and prosecute the offender however.
  • 02-16-2013, 01:33 PM
    Mr. Knowitall
    Re: Can I File a Fraud Report Against a Dead Person
    If you just found out about the issue, and if that's the first step the creditor requires as part of your dispute of your responsibility for the debt, you need to make the report.
  • 02-16-2013, 08:05 PM
    cdwjava
    Re: Can I File a Fraud Report Against a Dead Person
    Quote:

    Quoting Mooreagirl
    View Post
    My question involves collection proceedings in the State of: CA

    A family member forged my signature on a loan document in 2010 without my knowledge. That family member is now dead, and the collector is now trying to collect from me (which is how I found out about the forgery). I've provided the collector with several examples of my signature which clearly show I didn't sign anything, yet now I'm being told I have to file a police report, against a DEAD person for the fraud. Is that even possible? It's a small enough amount that the lender could simply write it off, however they refuse. Any suggestions?

    Since a deceased person is not liable for a crime, I suspect that once the police discover that he suspect is dead, the investigation will cease. The lender may simply be asking for a police report so as to proceed from their end. The police may be willing to take a corpus report summarizing what you say happened, but they are unlikely to expend any resources investigating it.
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