retaliashun Posted May 5, 2018 Report Share Posted May 5, 2018 Spouse was served this morning. Being sued by Midland for an unpaid debt to a Best Buy branded CitiBank card. Neither of us have ever had that card. The address they have they were sending bills to is not our address, property, or an apartment we have ever lived at. The phone number they have listed in their files is does not belong to either of us. SOL is in effect. The account was opended in June 2016, discharged in Feb 2017. We are assuming an identity theft situation. Is an Identity Theft defense an affirmative defense. How do we first respond to being served, i.e. Call the court and say "No" Drive over to the court and say "No." Mail a letter to the court saying "I dispute." I really don't know how to first respond. I don't have a scanner to scan the legal documents I was served. However I do have them as photos saved in a zip file and added as an attachment. Some advice on where to start and how to proceed would be appreciated. Legal_Doc.zip Quote Link to comment Share on other sites More sharing options...
BV80 Posted May 5, 2018 Report Share Posted May 5, 2018 30 minutes ago, retaliashun said: Spouse was served this morning. Being sued by Midland for an unpaid debt to a Best Buy branded CitiBank card. Neither of us have ever had that card. The address they have they were sending bills to is not our address, property, or an apartment we have ever lived at. The phone number they have listed in their files is does not belong to either of us. SOL is in effect. The account was opended in June 2016, discharged in Feb 2017. We are assuming an identity theft situation. Is an Identity Theft defense an affirmative defense. How do we first respond to being served, i.e. Call the court and say "No" Drive over to the court and say "No." Mail a letter to the court saying "I dispute." I really don't know how to first respond. I don't have a scanner to scan the legal documents I was served. However I do have them as photos saved in a zip file and added as an attachment. Some advice on where to start and how to proceed would be appreciated. Legal_Doc.zip As long as you can prove the facts you've stated above, I'd file an identity theft report with the police department as soon as possible. You need to read your court rules to determine if identity theft is an affirmative defense. If it is, I'd include a copy of the police report with my answer to complaint. If you don't mind, could post a copy of the complaint with your personal information redacted. If an allegation is included regarding your address, you could deny that allegation along with some sort of proof that you didn't live at that address at the time in question. Quote Link to comment Share on other sites More sharing options...
retaliashun Posted May 5, 2018 Author Report Share Posted May 5, 2018 33 minutes ago, BV80 said: As long as you can prove the facts you've stated above, I'd file an identity theft report with the police department as soon as possible. You need to read your court rules to determine if identity theft is an affirmative defense. If it is, I'd include a copy of the police report with my answer to complaint. If you don't mind, could post a copy of the complaint with your personal information redacted. If an allegation is included regarding your address, you could deny that allegation along with some sort of proof that you didn't live at that address at the time in question. I hadn't thought of filing an identity theft report till you mentioned it. I haven't seen anything in the local court's rules regarding affirmative defenses at all, much less in the states rule of civil procedure. The zip file has copies of the legal docs with my info redacted. Quote Link to comment Share on other sites More sharing options...
BV80 Posted May 6, 2018 Report Share Posted May 6, 2018 3 hours ago, retaliashun said: I hadn't thought of filing an identity theft report till you mentioned it. I haven't seen anything in the local court's rules regarding affirmative defenses at all, much less in the states rule of civil procedure. The zip file has copies of the legal docs with my info redacted. I can't seem to open the file. Quote Link to comment Share on other sites More sharing options...
texasrocker Posted May 6, 2018 Report Share Posted May 6, 2018 9 hours ago, BV80 said: I can't seem to open the file. I was able to open it with winrar. I uploaded the contents here- https://postimg.cc/gallery/nzmeu34q/ 1 Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted May 6, 2018 Report Share Posted May 6, 2018 First and foremost despite @texasrocker is using a post I made 3 years ago to make it appear I endorse his methods knowing full well I DO NOT do so any longer. Follow his advice at your own risk. (He refused to remove it choosing to continue the deception of newbies) Get a consult with a Consumer Attorney ASAP. Another possibility besides identity theft is that they sued the wrong consumer. If you have a common name they may not have done due diligence and simply grabbed the first John Jones to sue instead of tracking down the correct consumer. If it is identity theft that is indeed a valid defense to the suit. Consumer attorneys typically do the first consult for free. Quote Link to comment Share on other sites More sharing options...
BV80 Posted May 6, 2018 Report Share Posted May 6, 2018 5 hours ago, texasrocker said: I was able to open it with winrar. I uploaded the contents here- https://postimg.cc/gallery/nzmeu34q/ Thank you! Quote Link to comment Share on other sites More sharing options...
retaliashun Posted May 7, 2018 Author Report Share Posted May 7, 2018 From what I've read Identity Theft would be a denial defense, not an affirmative defense. I may contact a lawyer. I haven't decided. I'm not very confident about our court system. Quote Link to comment Share on other sites More sharing options...
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