Being sued by debt collector

[Sloan1]

What is the name of your state? Illinois

About 5 years ago, I filed bankruptcy due to credit cards opened in my name by my ex. Last fall, I began receiving notices from a credit collection agency saying that I owed almost $1000 to a credit card opened in 2001 (shortly after filing). I have tried working with these people numerous times to work out a payment plan. I have also sent a letter asking for proof that this debt is indeed mine. I have never recieved such proof and cannot recall ever opening a credit account, especially with the recent credit problems I had. My best guess is this is just one more account that was opened by my ex in my name without my knowledge. Now, the account has been turned over to a law office and they say they will sue and win judgement if my wife and I do not pay the full amount due, which we cannot do.

My question is, I already have my wages garnished for child support and to the IRS. I have figured that this is around 13% of my net pay. Do these people have to prove I opened the account and will they be able to garnish my wages any more than they already are?

Also, I don't know if this matters, but I own nothing outright. I have a car loan and rent an apartment.

[Debt Guy]

It is probably too late, but you might try to file a police report for theft of your identity (assuming your ex did this).

If the police allow you to file, then you send a copy of the police report to the law firm handling the account and tell them it is ID theft.

You should immediatley send a certified letter to the law firm handling the account. You need to say that your identity was stolen and that this is not your account. You need to "demand validation of the debt". Samples of a validation letter can be found at [url]www.creditinfocenter.com/forms[/url].

If you are sued, it is important that you file a response. In that response you need to say that your identity was stolen by an ex and this is not your debt. You need to then file a motion for discovery and demand the original loan agreement and copies of all charge tickets. If you do this right, they will have to produce something with a signature. Hopefully, it will not look like your signature.

[Sloan1]

Illinois

How do I go about filing these motions? I have no real knowledge of laws or how to go about filing anything. I just know that I received a summons to go to court on July 5 about a week or so ago. They are still calling daily asking if we are going to pay them. Even if we COULD somehow come up with the money for their "payment plan" (not really a plan, basically half now and half in a month), they are going to charge us court costs and they say we will have a judgment against us. So, I still don't know what to do. Since court is only a couple of weeks away, do I still have time to dispute the validity? I have sent letters and asked every time I have talked to them, but this thing has gone through so many different agencies/companies by this point, I am not sure who I have sent requests to anymore.

I know I should have taken care of this much sooner, but I received some bad advice and was told that for under $1000, they wouldn't waste their time going to court and they were just trying to harass us into paying.

[Ladynred]

YES, you can still ask them to PROVE the debt thru validation.

You really MUST file the police report for ID theft.

Have you pulled your credit reports from all 3 bureaus ?? Are you SURE of the opening date of this fraudulent account ?? If it fell BEFORE your bankrutpcy was filed, it could be argued that the debt was discharged in your bankruptcy and they have no case.

A motion for discovery is really your request for a whole LOT of information that the Plaintiff may have. You would have to check your state statutes and rules of civil procedure to see if you can file such a motion at this point in time.

Sounds to me like you need a lawyer and ASAP. Check with legal aid or call the local bar assn to see if there's a lawyer doing pro bono (free) work if you can't afford a lawyer.