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Debt Claim Suit

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#1 Poppie1234


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Posted 11 January 2014 - 03:50 PM

Being sued by a collection agency that has acquired the "account" from a creditor. The said account was apart of an identity theft and supposedly resolved two years ago with the original debtor, until recently.

What are my recourses ?

#2 adjusterjack


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Posted 11 January 2014 - 04:58 PM

You raise a defense in court and bring documentary evidence that you don't owe the money.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.

#3 pg1067


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Posted 13 January 2014 - 08:09 AM

Not really sure what you mean by "recourses."  If your defense is that you don't owe the money because the amounts sought are the result of identity theft, then you raise that defense as appropriate in responding to the plaintiff's complaint.  Did you really not know that?  If that doesn't answer your question, I suggest you clarify.

#4 deacon_law_1969



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Posted 15 January 2014 - 06:22 AM

What do you mean 'resolved two years ago'? was there a judgment vacated and was the case dismissed? was there a police investigation? do you have documentation to the effect proving ID theft?


If you just claimed ID theft and the previous collection agency backed off but still had a filed lawsuit pending, then they probably had it 'on hold' in their system and decided to pursue it again (probably got a new staff member on the account).  You then need to gather your evidence (police report, affidavit of fraud, receipts, etc) and take it to court.  Judges (in my jurisdiction anyway) tend to VERY consumer friendly these days and take evidence of ID fraud very seriously, as long as you bring it in.


But if you already took your claim to the police and filed an affidavit of fraud and took that evidence before the court and they tossed the judgment and/or case, then you might have  complaint against the collection  agency.  However it might just be a bookkeeping mistake that they can rectify if you speak to them--just depends on what you want to do with it.

#5 jacklearner



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Posted 31 January 2014 - 05:52 PM

I would personally talk to an attorney if you are seeking recourse (Malicious Prosecution?). However, if I was trying to have the case go away, I would probably file a defense with any documentation that shows that it was a fraud case...but I would make sure to have sufficient documentation. Judges can be unlikely to find in your favor unless you have documentation to prove your case...they don't care what you say...they only want proof of your allegations. I would seek a dismissal with prejudice so they, or any other entity, could not file a suit in the future for that debt. Good luck

Edited by FindLaw_Kevin, 03 February 2014 - 06:12 AM.
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Money Judgment Collections

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