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Summons received - Debt definately not mine

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I am really new to this and came up on this site from information in the April issue of Essence.

I have read a lot of the information posted over the last 2 days and have received invaluable info. I have been in the dark for the last 2 yrs and didn't know how to deal with my situation outside of getting a lawyer, which I can more that likely not afford.

My situation:

I moved to this country in 2005 and tried purchasing a car. I found out that my credit was bad, I had o/standing debt with Sears (credit card) and about 2 others. I have no knowledge of at all and clearly my information was used by someone. I was told by someone to request my credit report and dispute, which I did. But they just came back as verified.

Since then, I have been receiving calls & letters from a collection agency, which I have just not responded to (only because I didn't know what to do). The cards were all taken out in 1997 and apparently sold to collections agencies sometime after.

I received a summons last Saturday, being sued by LVNV Funding as assignee of Sears - Citi-Sears attorneys.

I have to respond in 20 days.

Not sure exactly what to do, as I gather from this forum and others that stating identity theft (which this clearly has been - more than like by someone I know) is potentially more harmfull to me.

Do I definately need to get a lawyer (and at what possible cost)?

Any advice as to how to proceed with the response to this summons will be greatly appreciated.

I would also like to deal with the other 2 issues before they get to the summons stage.

Thank you all for your input.

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Thanks for responding. Someone told me that there was an entire process which I had to go through, which would make it difficult for me to do legitimate business etc.

I have no intention of LYING about the ID theft, but I do need help with how to respond to the summons and also how to deal with the other 2 credit card companies.

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My situation:

I moved to this country in 2005 and tried purchasing a car. I found out that my credit was bad, I had o/standing debt with Sears (credit card) and about 2 others.

How soon after moving to this country in 2005 did you try and get a car?

This outstanding debt to Sears, (and the other two) what is the date that it was opened?

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First you must answer the summons as Admin says. Get a lawyer if you can because it is much harder to turn over a judgment than it is to simply get the case dismissed...especially if it is a large sum you are being sued for.

You need to get copies of all three credit reports. You can do that for free if you were denied credit or by calling the bureaus and asking for your free annual report. You can also get them for free from www.annualcreditreport.com but it may be locked from internet view if you've complained about ID theft before.

Look over all three bureau reports and identify anything you did not open yourself. Then go to the police station and file a police report for identity theft covering each of those items. Next download and fill out this affidavit from the FTC: http://www.ftc.gov/bcp/conline/pubs/credit/affidavit.pdf

Send copies of the police report along with the affidavit to each creditor listed that you did not open an account for. Send copies to Experian, TransUnion, and Equifax as well. Once the CRAs get them, they will be required by law to permanently supress those tradelines from your report. Creditors, upon receipt of the papers will likewise be permanently barred from collection, reporting, and from selling it to anyone else.

Bring copies of the affidavit and police reports with you to court on your return date and use them as exhibits for a motion to dismiss with prejudice.

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They have retained a local Lawyer. The summons say: LVNV Funding LLC as assignee of Sears-Citi-Sears Plaintiff. In the body of the summons it says that I should 'mail a copy of my written response to the Plaintiff/Plaintiff's Attorney named below" and the lawyers address is in Fl.

Does this change things?

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Thank you for all this info.

I will proceed to draft my response to the summons and post it here for feedback prior to sending it off.

I really appreciate all the help here. or the past 2 years I have felt as if I was alone in all this with not much options. I guess I sound quite naive (stupid even) but this entire situation really has taken a toll on me emotionally (no I have not literally gone crazy).

I now feel like there is hope to get this all cleared up and resume my life.

Thank you all.

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Florida Chapter 559 is here:


Since Florida law prohibits them from collecting without a license, it is illegal for them to take any action to collect, including a lawsuit, they are in violation of the FDCPA:

1692f: A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt.

and also:

1692e: A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:


(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.

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Am I the only one who found it interesting that OP came across this site from Essence magazine?

Yeah I was thinking the same thing. I wonder if I can get a copy of the article :)

As to the OP's situation, you would think that someone would be able to put together that the OP wasn't IN this country when the 2 alleged debts were opened.

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  • 2 weeks later...


Hi all,

I am quite distressed. I have been working on my response to the summons (which is due by 4/13), but am so overwhelmed. I contacted a lawyer (from the NACA website) this morning, he told me that he can represent me at a flat cost of $750. I cant even imagine where I will get this money from.

He told me that to I am hardly likely to win if I represent myself. I am so worried. I dont know if I should proceed with my response or try to find another lawyer who will be less expensive.

Anyone with any recommendations?......you can sens me a private message.

I am in South Florida.

Thank you

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