Do I have grounds to sue a company for negligence?

Asked almost 2 years ago - New York, NY

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.

Attorney answers (3)

  1. Dean P Murray

    Contributor Level 18


    Lawyers agree

    Answered . How is the lender proposing to resolve this?

    There are certain types of questions that can be simply answered on Avvo, while there are others that require considerably more analysis. For this particular question, you need to provide additional details concerning the specifics of your situation.

    If you have additional questions, you can always contact a lawyer directly, whether myself or one of my colleagues. If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Good luck to you.

    Dean P. Murray
    The Murray Law Firm
    560 Sylvan Avenue
    Englewood Cliffs, NJ 07632
    T: (201)875-2600
    F: (201)549-8700

    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely... more
  2. Craig A. Post

    Contributor Level 17


    Lawyers agree


    Answered . 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.

    Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it... more
  3. Christian K. Lassen II


    Contributor Level 20


    Lawyers agree

    Answered . Report the identity theft to the police and to the collection company.

    Only 29% Contingency Fee! Phone: 215-510-6755

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