What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? Michigan
Someone opened several accounts in my name (according to my credit report). One of the accounts was a personal loan for $1500 which was endorsed with a forgery of my signature and a phone number I don't recognize. The identity thief used an address I'm not familiar with. I have no idea who this person is or how they got my information.
The loan company found me and promptly sued me in small claims court in the district of the false address where I don't live. I filed a defense stating it wasn't me. I also filed a police report, informed credit reporting agencies etc. (everything the identity web advice sites tell you to do).
Now I'm scheduled for a bench trial 4 days after a pre-scheduled surgery that I would be extremely difficult to re-schedule. The court would not allow me to adjourn; only the plaintiff can. The plaintiff has not responded to my request for him to adjourn. The plaintiff has been made aware that his is an identity theft situation (although I realize he isn't obliged to believe me). The person serving me the papers said it was an obvious identity thef situation. An attorney I went to for advice said it was an obvious identity theft case also and knew the plaitiff attorney. He also said it would cost more for me to hire an attorney than to simply pay the claim. He knows and tried to contact the plaintiff but the plaintiff wouldn't return his call.
My concern is: is the plaintiff attorney playing an attrition game? What kind of defense do I (a victim in this matter) have against a more experience attorney and a court system that seems to cater more to the plaintiff than the defendant? What happens if the plaintiff comes up with a handwriting expert who testifies that the (forged) signature is really mine? I tried to find an expert but couldn't find one that deals with the public ... only legal professionals. If I lose the case, is the bench trial the final word in the matter? Can I ask for a pre-trial discover? I would love to see the application the loan company has in my name. What in the world did they do to verify the applicant?
I know this seems like much worrying and hand-wringing but the situation is maddening, especially considering that I am a victim in this matter and the way I’ve been treated by collectors, the court and the reporting agencies.
Someone opened several accounts in my name (according to my credit report). One of the accounts was a personal loan for $1500 which was endorsed with a forgery of my signature and a phone number I don't recognize. The identity thief used an address I'm not familiar with. I have no idea who this person is or how they got my information.
The loan company found me and promptly sued me in small claims court in the district of the false address where I don't live. I filed a defense stating it wasn't me. I also filed a police report, informed credit reporting agencies etc. (everything the identity web advice sites tell you to do).
Now I'm scheduled for a bench trial 4 days after a pre-scheduled surgery that I would be extremely difficult to re-schedule. The court would not allow me to adjourn; only the plaintiff can. The plaintiff has not responded to my request for him to adjourn. The plaintiff has been made aware that his is an identity theft situation (although I realize he isn't obliged to believe me). The person serving me the papers said it was an obvious identity thef situation. An attorney I went to for advice said it was an obvious identity theft case also and knew the plaitiff attorney. He also said it would cost more for me to hire an attorney than to simply pay the claim. He knows and tried to contact the plaintiff but the plaintiff wouldn't return his call.
My concern is: is the plaintiff attorney playing an attrition game? What kind of defense do I (a victim in this matter) have against a more experience attorney and a court system that seems to cater more to the plaintiff than the defendant? What happens if the plaintiff comes up with a handwriting expert who testifies that the (forged) signature is really mine? I tried to find an expert but couldn't find one that deals with the public ... only legal professionals. If I lose the case, is the bench trial the final word in the matter? Can I ask for a pre-trial discover? I would love to see the application the loan company has in my name. What in the world did they do to verify the applicant?
I know this seems like much worrying and hand-wringing but the situation is maddening, especially considering that I am a victim in this matter and the way I’ve been treated by collectors, the court and the reporting agencies.