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