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 intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately.
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
Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.