Credit card stolen, CC company holding me financially responsible

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batboy

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I signed up for a Credit card. I never received the card and found out a month after the fact that my brother-in-law had stolen the card. He charged over $1K. I filed an unauthorized use with the credit card company and the police. Credit Card Company did nothing for over a month and is now holding me responsible. Police caught someone with the card and arrested them. I have given multiple copies of the police report and arrest report to Credit Card Company. I have disputed the charges verbally and in writing many times. After fighting with the credit card company over lost faxes and poor communications they are now saying they are holding me responsible because the police report does not mention my brother-in-law's name. The police have said they will not mention suspects in writing. Police and Credit Card Company won't talk to each other. Credit Card Company has sent the debt to collection on me. Do I sue? Who do I sue?
 
After reading several other posts I know that replies are scarce. Therefore, I will do everyone else the benefit of updating my situation in the case others find themselves in a similar situation.

I decided to consult with an attorney on my case. He didn't tell me anything too surprising as I knew the credit card company had control and I had to appease them unless they made some serious mistakes. He did recommend I get all requests from them in writing. To this point they are holding me financially responsible for the debt because the person I accused (my brother-in-law) is not mentioned in the police report. So, my lawyer recommended that I request from the credit card company a written request to the Sheriff asking for my statements or a list of suspects or something. Then I take that to the Sheriff and try to get the information released. If the credit card company continues to blow me off I really don't have much recourse with them (that the lawyer knew of without charging me research fees) unless someone is actually charged criminally with the theft. So, his second recommendation is to bring criminal charges, not civil, against the person. Assuming I win I can then get restitution and file that with the credit bureaus and the credit card company. At that point the credit card company, I think, can not hold me liable.

In short, if I can prove a crime then the credit card company can not hold me liable. That was the impression I got. I will try the easy road first and see if the credit card company will play, but considering how they have been treating me I seriously doubt it.
 
This was also posted on another site. I did receive a response and this is it FWIW:

Your defense in writing to whatever agency is attempting to collect should include the fact that you never received the card and therefore could never have personally made nor authorized any of the charges on the card, and consequently, you cannot be held financially responsible for any part of the debt. And, if you already have adverse references on your credit report from this incident, send the three major credit reporting firms copies of your response to the collection agency and ask that it be included in your credit report as rebuttal information.
 
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