hades01

Round 2, CA, Wells Fargo, being sued for substantially more than the charge-off amount?

Recommended Posts

Hello everyone,

About a year ago we got great help here with a lawsuit and it looks like we're in the thick of it again with another creditor.  My relative hasn't been served yet, but one of those settlement services sent us a notice with the case number and sure enough there's another lawsuit in the system.  This is a bit different than last time though.  I can only see half the pages on the online system, but it looks like my relative is being sued by Wells Fargo for 16k under her maiden name (which she hasn't used for 30+ years, so not sure what's up with that).  Here's the rub though, there's no way she owes 16k.  I remember getting the debt collection notices a couple years ago and they were for 2-3k.  I checked her credit report and sure enough, Wells Fargo is on there with a reported balance of ~2k, and a charge off amount of 3k.  Her credit limit was only 7k.  The default was reported back in 2014 so it's still under the SOL, but there's no way 2k, or even 3k, turned into 16k in 3 years.  Has anyone seen anything like this before?

Share this post


Link to post
Share on other sites

I'm beginning to think this might be an identity theft issue.  1)  we've never received any communication about a 16k debt from WF; there's also nothing on her credit report about it.  2) She's being sued under her maiden name, whereas the other account was under her married name, and 3) the numbers don't match her account anyway.

Anyone have any experience with how to go about this, considering we really have nothing to go on?  We haven't been served yet, but I can see online that it's just a one page complaint so I already know there won't be any attached statements.  Should we call WF or their attorney and explain our concerns?

Share this post


Link to post
Share on other sites

I would treat it like any other complaint. You could send them the demand for a bill of particulars now (BOP).  Answer the complaint when it's due.

  • Like 1

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.