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Do I have grounds to sue a company for negligence?

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.

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Attorney answers 3

Posted

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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Asker

Posted

The whole situation is negatively affecting my credit and it is a very stressful situation. I filed a complain to FTC and I will be filing a police report when I get off work. I feel that with some thing like identity thief which is on the rise companies should make a better effort to protect people and have policies that would avoid situations like this. It is not enough that they help you to resolve the issue after the fact. They could have stopped the incident altogether by taking head on the credit inquiry that I have only ever lived in the tri-state area and that my current address is in Brooklyn which it has been for years. There must be some additional action. You would think a company like AT&T would know better.

Craig A. Post

Craig A. Post

Posted

Understood. It is my opinion that the best first step is to try and initiate a criminal prosecution. A positive result will more easily lead to repair of your credit and the resolution of other claimed damages. My colleagues may have other suggestions.

Asker

Posted

Okay, thank you

Posted

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
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Posted

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

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