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Am I on the right track?


GlitterGal
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About 2 years ago, I had a checkbook to a closed checking account stolen. (Yes, before you even go there, it should have been shredded when I closed the account...)

So, I've been dealing for about a year now with recovering the identity theft from people writing these checks out. I thought I had finally beaten the last collection agency into submission, but then I found out I was wrong.

On Monday, I got a call from Groggins & Levintman PA, a collection law firm. They left a message on my cell, so I called them back from my work phone. As a note, our phones run through a switchboard, so my actual extension does not display. When I got through to a real person, he immediately asked what number they had called and I gave it to him. He then commented that I must be calling from another phone. I affirmed that I was, and left it at that. He then put me on hold.

I am fairly certain he took it as my work number, so when he came back, I indicated that I could not be reached at that number.

He then told me that I owed his firm $45 and I needed to pay it immediately or they would file for a judgement. I asked what the debt was, and he said a bounced check. I told him that I needed more information, since I had been a victim of identity theft.

He proceeded to confirm that this check was written with my stolen checkbook after the date the account was closed. I confirmed that the driver's license number he had was not mine and that this obviously needed to be included in my fraud. I asked for the check number to issue a fraud affadavit, and he could not provide me with it. I agreed to obtain one and fax that to him.

Now, here's the sticky part. I could not fill out a fraud affadavit on the account, since it was my account. I filled out and had notarized individual fraud affadavits for each check that was written, and I still have those, but I don't have a check number.

So, I'm planning on writing a blanket affadavit listing all checks on XXX account with XXX Bank written after 11/1/2006. Will that still work?

Also, he has now started the clock ticking on the written notice to me, but I am *CERTAIN* he doesn't have my correct address. I'm guessing that these people are going to be the normal scum and try to bully me into paying it anyway.

Should I go ahead and send a copy of the fraud affadavit with a DV letter, or just wait and see how it plays out? I haven't gotten any calls at work (and I won't, since he doesn't have my married name), but I just KNOW they are going to try it.

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About 2 years ago, I had a checkbook to a closed checking account stolen. (Yes, before you even go there, it should have been shredded when I closed the account...)

This is a scary experience. I know I have some old checks laying around here from closed checking accounts. Is your old bank helping you to clear this up? Are the police involved at all? It seems like they should be helping you clear up these forgeries, and trying to locate the person responsible for this.

He proceeded to confirm that this check was written with my stolen checkbook after the date the account was closed. I confirmed that the driver's license number he had was not mine and that this obviously needed to be included in my fraud. I asked for the check number to issue a fraud affadavit, and he could not provide me with it. I agreed to obtain one and fax that to him.

Now, here's the sticky part. I could not fill out a fraud affadavit on the account, since it was my account. I filled out and had notarized individual fraud affadavits for each check that was written, and I still have those, but I don't have a check number.

So, I'm planning on writing a blanket affadavit listing all checks on XXX account with XXX Bank written after 11/1/2006. Will that still work?

How about doing an affidavit with the check range of check numbers for the unused checks remaining in the box that was stolen. There are 200 checks in each box, and you could probably figure out what is still left.

If anyone prints any checks with numbers beyond what you had in that box, that would be counterfeiting in addition to the forgery involved in signing as you.

What are fraud affidavits? That is, who issues the forms, and what types of agencies are they intended to be given to? I wonder who would fill out the affidavit if not you - the bank?

So, I've been dealing for about a year now with recovering the identity theft from people writing these checks out. I thought I had finally beaten the last collection agency into submission, but then I found out I was wrong.

Are any of these incidents appearing on your credit reports with the big 3 agencies yet? I also think it would be a good idea to get your credit report from Chex Systems as well.

Hopefully we can get some other good ideas for you.

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