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(Backstory) Several years back I was handed a summons while my now dead ex was having his condo forclosed on him. Was busy at the time the summons looked fake and all types of things were wrong in it so I never bothered to answer their complaint. It was with first national premier bank and they were way over the statute to be suing anyway. So this was around 2008 when this happened. I lost my job and the economy collapsed then I went under and came up but there sure is a storm brewing now and I don't even know where to begin. I got credit for $250 back in 2014 swore I would never have credit nor did I want it again. Had tax returns that were sending me off on a solo journey to Europe in 2015 and right before I left they expanded my credit to 2500 because I opened up a bank account with Citi Bank one of the only banks I thought would also be in Europe so I could access my money. Citi is awful bad idea on my part. Now I know. Flash forward to now I just broke up with someone who has kept me financially unstable the past 4 years saying. He's out of the picture now but I just got a summons from capital one USA na on September 16th I received 5 alerts from every credit monitoring system that my social security number was on the dark web and my main email was compromised the one with all my info on it. So I put fraud alerts on all this stuff but I am in debt bad right now. Almost 20k I don't even know how that's possible. When just 3 years ago I was in the black. First thing I need to know is where to get an answer to complaint template so I can start filling it out . Second now with my identity compromised who I am in the answer and for that matter who are they? plaintiff alleges as follows 1. Plaintiff is a national banking Association organized and existing under and by virtue of the laws of the United States of America. Might be a stupid answer but can I deny that being virtues and laws are granted to, by and for the people, to the people and by the people. Capital one is a financial corporation who here in California the people do not recognize corporations as people so can I deny their claim of identity ? 3rd what about mine they neglected my middle name . This is their second allegation. The true names and capacities, of defendants named here in as does 1 through 5 inclusive, or unknown to Plaintiff, who therefore sues said defendants by such fictitious names, and plaintiff will amend this complaint to show their true names and capacities when the same have been ascertained. Yes this seems complicated but I'll not attorn myself and will take these mfs down American style pro se. It's a limited civil case rule 3.70 collections not complex nor a class action. In their addemndeum their are 3 steps they had to do. They never circled the number in colum c which they did x off in colum b for A6012 other promissary note collections cases. But they seem to circumnavigate the whole missing circled number with step 4. Should I file for a general dismissal because the form was missing that step and then they looked into the Department of defense to see if I was on active duty which nothing came back I did take the oath to join the army in 2003 but I was caught in a pickle because of my recruiter telling me to lie about my past then when my past came up I never got my date to go to boot camp. So it's like I joined but not really. I don't even know about that one. Good this is a novel. Sorry any help would be much appreciated. As I don't plan on paying these money grubbing fat cats 1 iota of money when the entire time 29.9 apr. After the first year. Yep that's what my rate was for 4 years with capital one. Citibank too with their card and $4000 not exaggerating in banking fees since 2015. My credit score is hovering around 450 right now. Also if this is my future and I can't afford to pay for food right now. I work the weekend so I'll make grocery money then. Should I call up my 401k and empty it for fear of garmishment. I'm a waiter so they can't really garnish my wages. Losing out on tax returns might suck but I'm more worried about the whole no id theft thing than anything especially when my Id isn't that great. I've been just run under the bus just to get up to get smashed by the train approaching. Dealing with the ID theft I had to lock all my credit reports, get some new cards. But I put quite a bit into my SSI and still need to talk to them about everything. Haven't filed a police report yet because I don't know what to do I'm being sued no one has done any wrong exept me getting behind on bills that are only stagnant and high because of interest rates on them. I don't make much probably 25k this year a good year is 30 k. Things are getting pricier rents going up and work is getting slower. Didn't really have an American dream growing up but I sure would love to be the poster child for waking America the hell up. I was taught and educated to be a consumer. Play their rigged Monopoly game. Be nationalist and turn a blind eye to the wrongs and aggressions of our leaders. To not be accurately represented. To not challenge status quo. I know better now. We are slaves. Economic slaves brainwashed to fret for our contracts and fret for our lawsuits in some 3 ring circus bullshit. The defendant prays for rain your honor.
I am a victim of identity theft, and I have reported to the police & FTC. Thanks to the advice given by members on here, I have been able to resolve quite a few fraudulent accounts & collections (approx. 20 to date). There is 1 CA that continues to report fraudulent collections, and they threaten to report more. I have had 7 collections removed that Commonwealth Financial Systems have placed on my credit reports due to failure to verify when disputed with the CRA's. After failing to verify with 1 bureau, they turned around and reported the same collection to another bureau. So they know 1 bureau deleted a collection due to their failure to verify, but they report to another bureau knowing they couldn't verify the collection from the beginning? Is this a violation? They have done this 3 times now, and they threaten 6 more collection that are not mine! I included every collection to date from this company in the police report, and have security freeze with all 3 CRA's to prevent further fraud, but this CA calls my home phone numerous times a day, and they recently started calling my cell phone (I am guessing they got my cell number from the contact information included in the fraud alert statement with all 3 CRA's). They are using an automated system to place the calls to my home phone, but not sure about cell because I haven't answered any of their calls made on there yet. I am just wondering what can be done to stop this without having to continue wasting my time/money disputing & requesting validation when they are 0/7 even verifying with CRA's? Thank you in advance for taking the time to read this, as this site has been a great help to me through all of this. I forgot to add this info earlier, and not sure if it makes a difference or not. I disputed most of the collections reported by CFSI prior to having ID theft complaint/police report completed, but all of the fraudulent debts they reported were included in the complaint. They reported 1 of the collections that had been deleted from 1 CRA already to another CRA after filing the report. I disputed it again with this CRA (EX), and included a copy of the police report. I have not contacted CFSI directly because they have yet to verify anything they have ever reported on my credit. I know the suggested method is to notify the CA, send them a copy of the ID theft complaint/report, but I have not done this to protect my personal info that they hopefully don't already have. There is ALOT of information in the report (approx 73 pages total once the police completed their actual report), including bank account info, license #, etc., that I am not comfortable giving a CA which has disregarded the law and my rights. They have reported nothing other than fraudulent debt/collections, and they are fully aware of what they are doing. Am I still obligated to provide the report to them? Would the CRA provide them with a copy since it is supporting documentation for dispute? Or do they just inform them that the account is a result of ID theft, then block/delete it? As far as the debts they are threatening to report, the freeze should prevent for now, but considering filing a complaint to resolve permanently. Also, I do not have an attorney because I have been able to resolve most of the fraud with the help of this site, info on government sites, and the help of local police. If I need to take legal action against a CA, then I will retain one.
Hello all, While I was deployed with the U.S. military, some of my credit accounts were tampered with. Meaning unauthorized charges made. So my account numbers and info were stolen. I have been trying to get these off my credit reports for quite a while. I have previously sent in FTC complaint and dispute, several times and they always come back "verified". I have sent info to the creditors and they just send back form letters, saying the account is in my name (duh) and never correct anything. Last month - I found out about FCRA 605B and followed to the letter the instructions on the Bank of America thread (below). With the FCRA 605B Request to Block letter I sent in every item required: Photo copy of my driver's license, social security card, copy of the FTC fraud affidavit, and police report. I sent the letters all certified. Waited two weeks and as I'm a member of the Trans Union credit monitoring - checked my reports. Nothing had changed. I called Trans Union fraud line and spoke to rep who said they did not have a copy of the police report. So, I faxed it. I called back two days later and the rep said yes we have it but "we can't use this police report" and we have opened investigation and you will hear in 30 days. I told her no, they had all they needed for 605B and they were to block within 4 days. She said Trans Union was not going to block because anyone could just go down and get a police report and claim ID theft. I told her that wasn't a judgement call for her to make that 605B requirements have been met and they needed to block. I asked to speak to a supervisor and she said "I am a supervisor". I asked what was the reason to deny the block and she said I would receive a letter 7-10 days stating why. Now as I read 605B there are only 3 reasons a CRA can refuse to block: 1. If the request is made in error. (It's not). 2. If the facts were materially misstated. (how could they possibly know or obtain evidence to prove that or reach that conclusion (especially within 4 days). 3. If they had knowledge the consumer received goods or services with the transaction (again, how could a CRA have any knowledge to this one way or the other). So - to me the rejection is bogus and they are just ignoring the 605B request. I see others have had success with this - but didn't work for me. What's the next move?
I'm being served again on another ID theft Credit Card by the same stupid Lawyer. I won last time but they didn't learn anything and are now filing another Summons and Complaint on me. I want to stick it to them this time by filing a counterclaim for lost wages and other costs that I couldn't get last time because I didn't know how to file it. This time, with your help, I hope to stick it to them. Any suggestions/guidance would be appreciated. I will be posting the specifics of the suit as I get them. Thanks, Lostboy