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  1. #1
    Join Date
    Feb 2013
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    Default 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?

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default 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.

  3. #3
    Join Date
    Feb 2013
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    2

    Default 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.

  4. #4
    Join Date
    Sep 2011
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    OH10
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    17,019

    Default 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.

  5. #5
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default 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.

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default 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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