Identity Theft

If you’re being sued for a debt that is in your name but for an account you never opened, you may be a victim of identity theft. Unfortunately, debt collectors may refuse to dismiss a lawsuit, even in the face of clear proof that you never opened the account. And, if you are getting sued on one fraudulent account, chances are that there could be several others that you don’t even know about yet.

How The Holland Law Firm Can Help

If you are being sued on an account you never opened, contact us to set up a consultation. We will review the lawsuit, your credit reports, and any related letters or emails with you, and then advise you on your options for moving forward. In some cases, after successfully defending the lawsuit, clients opt to sue the collectors for obvious violations of the Fair Debt Collection Practices Act and related consumer protection laws. In these cases, a wronged consumer can ask for actual damages plus attorney’s fees.

The Role of a Police Report

Many creditors want victims of identity theft to file a police report or an FTC fraud affidavit. Filing a report may help catch the identity thief, but it will also help you convince others that you are a victim of identity theft rather than a debtor. It’s helpful to establish that you are a victim of identity theft as early as possible. Make sure that you get a copy of any report you file.

Check Your Credit Reports

Go to annualcreditreport.com and obtain your credit reports from the three largest Consumer Reporting Agencies (CRAs). Make sure you save a copy of those reports to look at later. Go through each report carefully and note anything at all that is inaccurate, especially:

• False addresses
• False names
• False telephone numbers
• Accounts that you don’t recognize

You have a right to challenge inaccurate information on your credit reports. Doing so might improve your credit score, but it will also make identity theft harder in the future by making sure the credit reporting agencies have the correct contact information for you.

CONTACT US: If you have been the victim of identity theft, feel free to contact us for a consultation.