I had an account with company x. The account wad closed and paid off two years ago. I recently received notice from a collection company on behalf of company x. According to the Collection company, company x allowed someone in Florida to open an account using my information. Although they did a soft inquiry and should have noticed that my address has not change. My contact information had also not changed. The collection agency was so kind to send the bill to my Brooklyn address. I believe that company x must have known that I was not residing in Florida yet they let this person open an account in my name using my information. They did not even cross check it with the data they should have had on file to see that it was not me. I do not believe that they should get off scot free.
Personal Injury Lawyer
Not sure (other than the amount in collection) what your damages are. If the alleged debt could be extinguished, there may be no damages at all. Have you gone to the police or DA's office to report this identity theft. If prosecuted resulting in the debt being extinguished you would save yourself the time and expense of bringing a civil action. If there are out-of-pockets of any kind, a criminal court judge could order restitution. Is there a potential claim for negligence?; maybe. Might a criminal prosecution serve the same purpose?; probably. It might be something to look into further.
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Real Estate Attorney
How is the lender proposing to resolve this?
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Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
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