Identity theft...seems something could be done?

[dianas]

My neighbor has shared her problem with me and is resigned to the fact she can't do anything. I can't believe that. Several years ago she thinks her ex's new wife opened some credit cards in her name, ran up the balances and didn't make payments. They had very similar names (Diana/Diane). She didn't find out about it at the time because she had moved several times and was never notified that she was being taken to court over this. Then one day they cleaned out her bank account. She went to an attorney who told her there wasn't anything she could do at the point, that any time she put money in the bank it would be taken until the judgment was paid. She also had a wage assignment put on her at her job. She quit her job and has been working cash jobs because of this. She said she couldn't survive with them taking her checks. She estimates that about $8k is still owed.

Maybe I'm naive, but this whole scenario seems ludicrous to me. Is the problem that she didn't respond to the court summonses? I feel bad for her and would like to find out if anyone has ideas on anything she could do to rectify this other than turn over her paychecks. Thanks.

[guiness56]

Not responding to the summons is definitely something she should not have done.  If she showed up in court she could have proven it wasn't her debt.  But that is neither here nor there now.

First she needs to file a police report and every account that she knows to be fraud list it on the report.  Then fill out an FTC Fraud Affidavit and do exactly what it says to do.

http://www.ftc.gov/bcp/edu/resources/forms/affidavit.pdf

Send a copy of the police report, the affidavit and a letter to the CRAs and tell them to block the accounts in question.  They also get sent to all the creditors who opened the fraudulent accounts. 

As for the judgment, contact the county clerk where the judgment was filed.  See what they show for service.  If she was never served properly she may be able to get the judgment vacated due to improper service.   Once she can prove fraud she may be able to get the judgment dismissed and her money back.

She may end up needing an attorney but this will get you started.

Also, read this thread.  The author has a very similar situation and gives step by step instructions.    

Victim of Identity Theft?? What To Do to Protect .

[dianas]

Thank you!

[RobertHendricks]

Hey thanks this last url help me alot to explore this topic and problem as well.Thanks!!!