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File BK on all identity theft items?


tooty
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My hubby wants to file BK on all our identity theft items.  We were victims in the approx. amt of $100,000.  We are being sued by AMEX for around $4,000.  The other creditors have left us alone after we provided police report & in some cases affadivits.  AMEX is suing, and although I'm 'judgement proof' since all my income is from disability, he works & is afraid of garnishment.  I have filed an answer, but was told there will be no court date, just a probably judgement.  Told that by court clerk.  What should we do?  Is hubby right?

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Spoke with an attorney who has advised us to file chapter 13.  According to this atty (from a firm that handles BK), we would be protected, would not lose our home or cars & it would cost us only $5 more than my car payment.  I'm still skeptical, but afraid of what AMEX can do.  They should NOT be suing us, I've provided everything they have requested, but since they are suing us, I'm afraid.

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If this truly is ID theft you should not be responsible.

 

I was a victim back in 1999. . . a fraud ring out of Nigeria got a hold of my SS # and accumulated just under $50,000.00 in charges. I was contacted by a fraud investigator from Spiegel credit card and one from American Express who warned me of the problem. I then proceeded to work with each to help track the fraud ring (the ring took out a phone account through Pac Bell in my name so once I got the phone records the rest was easy - getting the phone records was fun).

 

The point I am making is that I was never "on the hook" for any of the charges. For the other 3 credit cards that were fraudulently opened in my name, each attempted to collect but once I told the collector what happened I was transferred to the fraud department, sent some paperwork, filled it out, sent it back in and never heard from them again.

 

Something else is going on in your case. Maybe you can explain what happened in more detail????

 

Des.

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Isn't there some type of FDCPA violation for suing on debts from identity theft?

FDCPA does not apply to the actual creditor.  OP states that AmEx is suing.  If this is not OP's debt the suit would be subject to a MTD under 12(B) as the creditor has failed to state a claim upon which relief can be granted.

 

Des.

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