Single Status Update
Hi BTO429 - i've read your posts and find them confident and informative, helped get me through the first parts of a suit by Marvin Dang (Honolulu lawyer) on behalf of Midland with a lot more confidence than I could have mustered on my own - thank you for that. I'm wondering if I could gain insight from you on my current situation?
At the 2nd court appearance where I was about to deny the debt charges (for the 2nd time), the lawyer representing Dang asked me to step outside I assumed to make an offer. Instead, he said he recognized me through a mutual (good) friend and took a sort of i'm-going-to-help-you sort of posture. I didn't say much as I didn't recognize him. But am close enough to our mutual friend where I was inclined to be open-minded.
He pulled out printed statements from the charge account in question, the front page of which reflected charges that had nothing to do with my life. I didn't look in-depth beyond that until later. In the moment, with my case a few people next on the docket, he asked me if I felt the reflected charges were fraudulent, and if it could be possible that this is a case of ID theft. He then implied that the kind of research he guessed I had done, about continuing to deny the charges and asking for comprehensive verification of proof of debt hand-off, original charge card info and all other strategic steps to pursue the invalidity of the suit, was a waste of time and these kinds of steps never pan out particularly in the Hawaii court system, has been tried and failed many times over.
It was confusing to say the least and my confidence was chipped. I was under the stress of uncertainty as well as feeling the pressure of being called on by the judge, and not being in the courtroom. The lawyer told me he strongly advised taking the ID theft approach, that it would absolutely work in my favor. Perhaps I was a fool to do it, but I agreed. We went into the courtroom, stood before the judge, he asked how I pleaded, the lawyer next to me spoke up and said this appeared to be a case of ID theft, and that he and I would enter the next stages of verifying this, and would present findings at the next appearance.
That was on 3/28/16. I had not heard from him until today - 6/7/16 - with a number of documents to fill out, notarize, and send back by 6/10/16. The next court date is 7/18/16. Amongst these documents are:
1 - "Fraud Questionnaire 073109 Collection Form":
asks if it was 'possible' that I opened a Chase Bank account and that I do NOT recognize Midland Funding the creditor on the account as a result Y/N
If anyone else was authorized to make changes on the account, and if so if it was possible for them to make some or all charges involved Y/N
Statements were mailed to (my actual billing address) and have I ever received mail at that address Y/N
Did I ever make payments on the Chase/Midland card account # (an actual charge card number provided in full) Y/N
Did I ever notify Chase/Midland of fraudulent activity Y/N
Do I contend alleged fraud charges made after I requested the account be closed Y/N
Do I contend alleged fraud charges made after I removed an authorized user Y/N
If I am alleging ID theft, was I victim of ID theft on other accounts as well Y/N (yes)
If I am alleging ID theft, do I know the ID of the person who stole ID info Y/N (no)
If I am alleging unauthorized use of the account, do I know the ID of the person who used the account w/out authorization Y/N
If I allege unauthorized use, id only part of the balance owing made up of unauthorized charges Y/N
If I allege unauthorized use, even if I did not authorize charges, did I receive benefit from them Y/N
Then, triple signature.
2 - *"Affidavit of Fraud Application 110206 Collection Form":
This asks for full disclosure of my current and any past addresses.
If I ever applied for a Chase/Midland card account,
That I did not receive a card from them with the (full) charge card #,
I did not authorize, direct or empower anyone to apply or seek credit with them in my name, or use any account in my name to make charges,
I have reason to believe the following individuals applied for and/or used the card described (2 - name/address/phone sections)
Then, triple signature, and notarization required + commission exp date.
*This is the form that caused me to pause as it asks for a lot of info that i'm suspicious about, feel I shouldn't reveal confirmation of my actual contact info in full to these people.
3 -" Identity Theft Victim's Complaint and Affidavit"
This is a 6-page form that states is "voluntary for filing a report with law enforcement, and disputes with credit reporting agencies and creditors about ID theft-related problems. If asks for very detailed contact and verification info about me, what this same info was at the time of the theft/fraud, declarations, about, documentation, about the above information or accounts, law enforcement report, signatures, and then using this form in lieu of a law enforcement report if one isn't filed to prove each of the companies where the thief misused my info that I am not responsible for the fraud.
I realize this is a lot of info to review in a short window of time, if it's even possible for you to review before Friday (deadline to mail these forms to Dang's office), but if you could give me your thoughts on this, it would be tremendously appreciated! As much as I want to trust this process, and can devise what I think might be appropriate direction to take in filling these forms out, there's a side of me that remains highly suspicious and think I might be getting trapped into something i'm going to regret.
Do you agree? Very curious to gain an educated, objective point-of-view - thank you.