Unauthorized bank transactions

[btbell0615]

I am a resident of NJ. Back in early 2006, six transactions (each $500) were withdrawn from my bank account by an internet banking company that does business for an online poker site. Upon discovery, I immediately reported this to my bank, the other bank, and filed a police report. My bank returned the funds to my bank account once I signed a statement indicating I did not authorize these transactions. They then proceeded to recover the funds from the online bank.

When I did some investigating, I found out from the online bank and online poker site that an account was created in my name using my correct address and phone number. They used a false SSN#, driver’s license number and e-mail address.

I was contacted today by an attorney for a Midwest collections agency (OH) attempting to come after me for reimbursement of these funds because I was the named account holder with the online bank. He indicated that there was a letter in the mail describing their collections effort. He requested a copy of the police report I filed and says that upon receipt he will talk to his client (online bank) about dropping the case if he determines it is identity theft.

This whole process disturbs me because I did nothing wrong and was the victim. I am now being collected against and possibly sued for the $3000 that was stolen from me.

My questions are:
1. I have not yet contacted an attorney---I will probably spend more defending myself than was stolen from me. I am assuming that if this goes to court that the other attorney will get a copy of the police report anyway. Is there any hurt in me providing it to him as an act of good faith in hopes that he drops it now?
2. If I need to contact an attorney, what type of attorney specializes in this type of law?
3. Any other advice anyone can provide?

Best Regards,
Brian
New Jersey

 

[Debt Guy]

This whole process disturbs me because I did nothing wrong and was the victim. I am now being collected against and possibly sued for the $3000 that was stolen from me.

Unfortunately, that is the way identity theft works. It takes a lot of effort to make it go away.

Keep plugging away with the police report etc.

If you are sued, just be sure to file a response to the lawsuit that says it is a case of identity theft and attach the police report to the filing. Then you will get a chance to tell your story to a judge. I can't promise which way it will go, but most likely the judge will dismiss the case provided your story is convincing.

I think you are premature to be thinking about an attorney. Personally, I am not sure that an attorney could do much for you that you could not do for yourself.​