MrPunch

Identity Theft Statistics

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I am thinking to use "Identity Theft Statistics" as an additional evidence to my lawsuit, but can't seem to find any "official" source for this information. I know that FTC would be the official government agency to keep track of this information. Does anyone know of any document that shows the actual numbers reported to FTC?

In other words I want to tell the Plaintiff - "look at these numbers and tell what evidence do you have that proves that the alleged debt is not the case of identity theft?"

I thought it would be a good idea to actually have a print out of the official document for the judge.

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Well, people may not even know for years about the supposed ID theft if they don't check the credit report on a regular basis. I think it's still the Plaintiff's "burden of proof" to show that this is NOT the case. Any obstacle you could throw at the Plaintiff's face and any evidence you can show to the judge is GOOD for your case, to my opinion.

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If you assert an affirmative defense, you have to prove it up. If you say you're a victim of identity theft, then you have to fill out an affidavit with the police and an affidavit with the creditors. You can do it once you've been sued as well and they will need to stall or dismiss the case, provided you alert the courts and plaintiff of this issue. And if you fill out an affidavit and have it notarized, send it to plaintiff and they still proceed with a suit, you can counterclaim for abuse of process, frivolous lawsuit, malicious prosecution and the list goes on and on...

Edited by rikkivs
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If you assert an affirmative defense, you have to prove it up. If you say you're a victim of identity theft, then you have to fill out an affidavit with the police and an affidavit with the creditors. You can do it once you've been sued as well and they will need to stall or dismiss the case, provided you alert the courts and plaintiff of this issue. And if you fill out an affidavit and have it notarized, send it to plaintiff and they still proceed with a suit, you can counterclaim for abuse of process, frivolous lawsuit, malicious prosecution and the list goes on and on...

What if I don't assert it as an affirmative defense, but simply say that since I don't have enough information on the matter I can't exclude this as a possibility? Wouldn't the Plaintiff have to prove that it's not the case?

Edited by MrPunch
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"look at these numbers and tell what evidence do you have that proves that the alleged debt is not the case of identity theft?"

I don't think statistics would help much.

What helped me was getting everything I could from the OC and with that proved the account was opened in a state I never lived in at an address I never lived at along with the fact that the payment attempts that were made on the account were from someone elses bank accounts.

If you really think this is ID theft, you need to be hammering the OC for the relevant information.

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