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Identity theft is not fun- Credit card company continues to dined credit card fraud claim-now in lawsuit

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New member
I really need some advice. I am stuck and i am not sure how to move forward.

Here's the background story and then my situation.

In May of 2017, I was reviewing my credit report and i notice some unusual accounts on my credit report. I then immediately request a free copy of my other two reports and i notice the same unusual accounts. These included multiple credit cards and personal loans, that i never took out. As soon a i could i called the credit card companies, the credit agencies and claimed fraud and put a credit freeze and fraud alert. I then filed a police report. After months and months of work, i eventually got mostly everything cleared up and the fraudulent accounts slowly got removed from my report and my score went up.

June 2018: I got a court summons for a lawsuit for Barclay Bank for a credit card for a balance over 4,000. I filed a answer and proved my documentation to show identity theft. I reached out to the collection agency who was in filing the lawsuit on barcay's behalf (levey law and associates LLC in columbus) and told them the situation and they would not dropped the lawsuit, they claimed they sent me a "letter" in february in regards to this balance. However, after further invesigation, they either sent it to the wrong address or it never got back to me or came back to me. They asked me send them my documentation and i did. 1 day later i get a letter telling me their client denied the fraud claim after client's investigation. so to me it sounds like their investigation lasted less than a day.

They then continued with the lawsuit.
they sent me some court stuff to fill out
i sent it to them.
i requested documents. they took 2 months to get back to me.

Before the pretrial they tried to settle twice, which i declined twice. and they submitted a file for motion in favor onto barclay's with a big explaination of how "i have no material proof" to show in regards to my claim. The judge declined the motion for judgement.

They have requested for an extension twice to "gather more information and witnesses" according to them.

I have requested some information from various creditors trying to proof this was fraud, but i have come to the end of what i can do.

I just need some advice.

They will not give in.
i can't afford a lawyer.

I have given them all the information i can think off.

I am currently working on a File for motion in favor for me, i almost have my documentation and will be sending it soon. I just want this done with. I want it over with.

Any advice?


Senior Member
They have requested for an extension twice to "gather more information and witnesses" according to them.
Their delay is to your advantage. It means they think they will lose.

I am currently working on a File for motion in favor for me
It's called a Motion for Summary Judgment.

Google Motion for Summary Judgment (your state) and study everything you can about drafting one. You might also visit a law library and see if there is a how to do book with samples.

If your motion is not granted you go to trial, present your evidence, and hope for the best.

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