My mother may have been victim to ID Theft

[Anonymous]

Here we go...my parents recently got served with court papers from Rubin and Rothman.  They are represnting Arrow Financial who claim my Mother owes $5,000 to GE Money Bank for a Care Credit card.  My mother has only had one credit card her whole life and it's long been retired.  She has never had a Care Credit card.  My Mother never received any sort of debt notice from Arrow.  I called GEMoney and they have no record of my mother as a card holder or as a coapplicant. I pulled her credit reports and there is nothing on any of themfrom GE Money. The law firm says they are going sending proof of debt to my folks this week.  In the meantime my Father called the FTC and he put a fraud alert out for my mother's SS# with the three bureaus.  What else can we do? Has anybody else had dealings with Rubin and Rothman? My folks are a bit freaked by all of this.  Hopefully someone has some good insight.  Thanks-Ernst

[LIGHTNIN]

Since there isnt anything on her CR's.....Maybe Rubin and Rothman has the wrong person. Maybe it's not id theft.

Just mistaken identity, right name just the wrong person.....just a thought since it's not on the CR 

[Anonymous]

So how does one proceed with the laywers when they are quite insistent that it's my mother they are looking for?

[Anonymous]

Just because it is not on your mothers CR does not mean it is not identity theft.

It could very well be mistaken identity, which should be easy enough to prove. 

I would wait and see what the attorney is going to use to prove it is your mothers.  If he has her social security number, chances are it is identity theft.

Either way, you do not want to ignore the attorney.  Your mom doesn't want a default judgment on her CR for something that is not hers.

She could put freezes on all of her reports as a precaution.  It keeps the CRAs from providing information to possible creditors without her consent.

[Anonymous]

Thank you for the replies! We filed a report with the NYSP today so hopefully they can figure it out.  I appreciate the info!

[RobertEG]

Here is the legal scenario.

You must first simply secure an  "identity theft report" with a law enforcement agency.under FCRA 603(q)(4). that alleges an identity theft.  

That is legal assertion, in any court, of denial of debt.  Plaintiffs counsel must contest this, and I doubt that they can.

All she has to say is that a credit charge was posted that she did no authorize.

Make this report with the cops,and get a copy of that report.  Just call them and assert identity theft, and file a police report.

Once you have done this, you can fhen file,  under the provisions of FCRA 605(B). a copy of the "identify theft report" with the CRA, along with a simple statement that the reported charge was never authorized by the consumer, and that immediate CR block is requested, ..... and thus gain a total block of any information on the account.

You dont have to "prove" anyting after that, short of their legal rebuttal of the truth of the statement.  Legal proceedings put the burden of proof on the plaintiff.

I think  you have the legal guns. 

[Anonymous]

ernst14,

Are you in NY?  I dealt with that law firm, Rubin and Rothman (based in Islandia, NY), in the past.  I moved to CA from NY in 2002.  Thanks to Scorewatch, I saw that a judgment magically appeared on my credit report in 2008.  When I got a copy of the judgment from the court I saw that they had served me at an address that I had never lived at.  It was impractical for me to travel to NY a few times to fight a judgment for a small amount of money (<$1000), but I was fortunate that my brother is a lawyer.  He had to file a few papers and go to a couple hearings.  After that it was done.  The people from Rubin and rothman gave up.  I found it funny that they actually had the nerve to appear at all.

Do the papers mention anything specific?  Do they even have her SS#?  There could be somebody with the same name in her area.  When I first called the court about my judgment they said that there was another one for somebody with the same name in the city that I was "sewer served."

[RobertEG]

I repeat. Do the background.

Whenever identity theft is alleged, your first step is ALWAYS to file a police report,

[Anonymous]

I do live in New York.  The only thing specific the papers mention is that they represent Arrow Financial.  Arrow hasa CareCredit account from GE Money in my mother's name.  Her SS# is nowhere on the document which raises all sorts of red flags.  Hopefully the state police will have some info. today.

[Anonymous]

RobertEG...that's great information. Very reassuring! Thank you!