I have negative items on my credit report that are there because my identity was being used! I once filed a small claims action against Shell oil company for a dollar. They didn't show up, the judge ruled in my favor! I sent the judgment to the three credit reporting agencies and they removed the item!! Maybe I just lucked out but I would like to do this again in my current situation. I was told that the Judge may bring up a venue issue. I think the venue is were ever I live. That's were the creditor is doing business! If they are out of state and they do bushiness with me were I live doesn't that establish venue?
You're confusing venue with forum privileges.
A venue is the county, the forum is the court. You as the consumer and plaintiff have the forum privilege as well as the venue privilege to the extent that CA's statute permits. And pursuant to CA law, it has jurisdiction over practically anyone who has conducted business within the state on a regular and systematic basis.
If you believe the creditor is making claims that are false due to identity theft, then you have to inform the credit bureaus and take steps to protect your identity from further misuse.
The lawsuit you're talking about is either a defamation claim or a declaratory action or both. You can sue the credit card company up to the amount of its claim. You serve the lawsuit on their registered agent. Clearly establish your identity was stolen in your pleadings. If there are police reports or other official reports that establish this, do so.
Some Superior Courts require that the pleading be verified. If there are public records attached, make sure to include a request for judicial notice to be served with the complaint.
If they default, be prepared to proceed with a prove-up.
This is a public forum. Any questions or answers published here should not be construed as the giving or receiving of legal advice or the formation of any attorney-client relationship. You should consult with a competent attorney in the jurisdiction where your legal issues are pending and get good, solid legal advice. This being a public forum, those answers you do read are merely given for informational purposes only.
Well, a judgement showing you do not owe the debt is one way to go about proving identity theft, but it may be more complex than you need, so I am going to try and answer your question about venue but also explain some other tactics.
(1) Yes, venue can be where you live in these cases normally. If you had applied for these debts and they were collected, the venue could be where you signed or where collection issues occurred, depending on what the suit was for. In your case, someone used your identity so you may not even know where that person was when she applied for credit. With the limited information available, it seems that your county of residence would be the venue.
(2) Did you contact the credit reporting agencies and give a clear list of the negative items that are not your debt? Also send a police report.
The above statements are provided for general information purposes only and are not intended as legal advice or advice of any sort for a specific case or legal matter. If you do not have a signed attorney-client fee agreement with the Hill Country Consumer Law ("the Firm"), then until such written fee agreement is provided and signed by both a prospective client and attorney for a particular case, neither Ms. Kleinpeter nor the Firm will represent you nor will they be your attorney in any matter and you remain responsible for retaining your own attorney and for compliance with any and all deadlines and for any statutes of limitations that may pertain to potential claims.
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