Proving Identity Theft

[epazuti]

A law firm representing a creditor serves a court summons on a debtor who claims the debt is a 'Identity Theft Matter'. The debtor mails a copy of his identity theft police report to the law firm/plaintiff. What is suppose to happen at this point? Is the victim of identity theft expected to prove the debt is not his, or is the law firm/plaintiff expected to prove the debt IS HIS?? Debtor is apprehensive about providing too much personal information to law firm/plaintiff because focus is on suing the debtor who claims the debt is not his. What now?

 

[quincy]

A law firm representing a creditor serves a court summons on a debtor who claims the debt is a 'Identity Theft Matter'. The debtor mails a copy of his identity theft police report to the law firm/plaintiff. What is suppose to happen at this point? Is the victim of identity theft expected to prove the debt is not his, or is the law firm/plaintiff expected to prove the debt IS HIS?? Debtor is apprehensive about providing too much personal information to law firm/plaintiff because focus is on suing the debtor who claims the debt is not his. What now?

Please keep all of your debt collection questions confined to one thread, epazuti. This not only helps the volunteers on this site, creating multiple threads at one time could get you reported as a spammer and all that you have written might be deleted. Thanks.

epazuti's other threads:

https://forum.freeadvice.com/debt-collections-84/debt-sol-jurisdiction-610930.html
https://forum.freeadvice.com/debt-collections-84/debt-collection-proof-assignment-evidence-assignment-610931.html
https://forum.freeadvice.com/debt-collections-84/original-creditor-name-610932.html

 

[quincy]

Quick answers to your multiple questions:

An identity theft police report alone will not stop collection on a debt. A report is not proof of identity theft. Once a police investigation reveals the identity theft thief and the thief is charged and convicted, that can be used to show the debt is not one that belongs to you but belongs to someone who opened an account in your name. And there can be other ways to prove your identity was stolen.

For the debt's statute of limitations and jurisdiction, the creditor will sue the debtor in his home state so the statute of limitations that applies will be Colorado's (home state of the debtor) and not California's (home state of the creditor) - although there are some exceptions.

Here is a link to the Fair Debt Collection Practices Act (FDCPA) and reading this can perhaps answer your other questions:

http://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text

And please wait for our debt collection experts to respond.

 

[Mark Maroon]

A law firm representing a creditor serves a court summons on a debtor who claims the debt is a 'Identity Theft Matter'. The debtor mails a copy of his identity theft police report to the law firm/plaintiff. What is suppose to happen at this point?

If the law firm representing the creditor believes that you were the victim of identity theft and/or they believe that you can prove that in a court of law, then they should dismiss the case that they filed against you. But if they don't believe that you were the victim of identity theft and/or they don't believe that you can prove that in a court of law, then they should continue the case that they filed against you. (Personally, if I were them, I would not believe that you were the victim of identity theft nor that you can prove it in a court of law, based only on a copy of an "identity theft police report" that you sent me.)

Is the victim of identity theft expected to prove the debt is not his, or is the law firm/plaintiff expected to prove the debt IS HIS??

Generally speaking, the plaintiff would present their evidence that you obtained credit from the original creditor who sold the debt to them for collection. Then the defendant would present their evidence that they were the victim of identity theft and that they never obtained credit from the original creditor. It will be up to the court to determine who's evidence is more persuasive. (This isn't criminal court. The plaintiff doesn't have to present proof beyond a reasonable doubt. It's simply proof by a preponderance of the evidence.) For instance, as was already pointed out, if you can prove that the police charged someone else with a crime related to stealing your identity, then that would presumably go a long way to persuading the court that you didn't obtain credit from the original creditor in this case. On the other hand, if you don't have evidence that the police charged someone else in connection with stealing your identity, and the plaintiff can prove that the credit account was paid for using a bank account that was opened in your name and you never complained that the bank account was compromised in any way, then that might go a long way to persuading a court that you opened the credit account.

What now?

You get an attorney and/or you file an answer in court to the complaint that was filed against you in court. If you don't, then the plaintiff will probably get a default judgment against you. Once that happens it will be too late to try and claim that you shouldn't have been sued.

 

[Heir7]

Make sure you bring a copy of the police report with you to court, and bring proof (such as a fax confirmation, an email, or a certified mail receipt) that you attempted to notify the debt collector about this theft of your identity with you also. It all boils down to whether or not you can convince the judge that you were a victim of identity theft and therefore they are suing the wrong person.

Keep in mind that the police rarely ever catch identity theives. It is a very low priority for them. Judges know this and they will mainly be trying to first determine if you are telling the truth about it and whether or not you made a good faith effort to let the creditor know that you are a victim of identity theft and that you are willing to cooperate with authorities to catch the thief, if it ever comes to that. Lots of times the thief ends up being a relative, friend, or roommate, and unfortunately the victim is unwilling to press charges against them.