A Claim of Exemption has nothing to do with Identity Theft. If the judgment was entered against you, you cannot vacate the judgment by filing a Claim of Exemption. You must file a motion to vacate the judgment or a motion to quash service.
You have a statutory right to sue a debt collector if there has been ID theft. However, there are a number of things that you must do first. You will need the assistance of an attorney.
Do not waste time or make a mistake which could compromise your legal rights. consult an attorney today.
The other two attorneys had given you excellent advise. You have a more complex matter, and need to vacate the judgment against you. Typically, they are called Motion 60 (B) judgment in many locations i.e. Motion to Vacate Judgment. You can mention inadvertence, official reliance, fraud and many other matters, and again within 6 months to get it vacated. You should definitely see an attorney in this regard.
Only see a licensed attorney before you make any decision. This answer may not be perfect in any given situation.... more
Only see a licensed attorney before you make any decision. This answer may not be perfect in any given situation. However, more fact may be required by your local attorney. If you are in Las Vegas, you are welcome to send your questions regarding Chapter 7, or 13 to Attorney Malik Ahmad at Malik@lasvegaslawgroup.com or www.fastbankruptcynevada.com or by calling (702) 270-9100. In many cases, we do not charge initial consultation fee.