I have been served a lawsuit from a fraudulent credit account that I thought was closed after I’ve provided the company with my police report and documents in 2017. The account was opened in 2015. I now found out the company sold the debt to a collection agency and now they are seeking a lawsuit. I still have my police report from 2017 with the name of the original creditor on it.
Consult a debt collection attorney. If the amounts being sought were part of the identity theft, you may have a cause of action against the debt collector. Some attorneys may take that type of case on a contingent basis.
This may also be filed under the criminal defense catagory. A Lawyer is never "absolutely necessary" for anything. Just like a Doctor is never absolutly necessary for a medical procedure. Just like a doctor, I would not advise doing a medical procedure with out at least speaking with one first. If it only needs a bandaid, then hopefully the lawyer to consult with will tell you that. You risk going in without proper knowledge on this matter. You may be fine, but I would advise at the minimum having a consultation with a local lawyer experianced in the courts that your case is assigned to to discuss what he or she advises.
If you want to spend the time which a trained attorney spends before taking his/her first case, then sure, do it yourself. First you'll need a 4-year undergraduate degree, then 3 years of law school, then a Bar exam and background check. Problem is if you screw this up you can't sue your lawyer.
Posting questions anonymously and receiving general answers do not substitute for consulting with an attorney licensed to practice in the jurisdiction in which you live. Answers posted here by Kevin C Gleason are only intended for general education of the public on legal matters. Please consult a qualified professional before deciding what to do about your situation.
Probably need a lawyer as merely filing a police report is of no consequence in a law suit. YOU will have to prove an ID theft happened at some level.
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There are very specific and technical laws with which debt collectors must comply and plenty of attorneys who defend these matters at no cost to the debtors as violating debt collectors must usually pay the debtor's attys fees. Do some research and reach out to attorneys who specialize in these matters. You can use the AVVO Find a Lawyer function as part of your search.
Any answer provided on the AVVO website is for informational purposes only and does not constitute legal advice for your specific situation. You should always seek legal advice before taking any action which may affect your future rights. Your local legal aid office may well provide information or access to free legal advice and your state bar organization may provide referrals to reputable attorneys who will provide advice on a reduced cost basis.
And attorney is not required but advised. And if the facts are like you say, the credit card issuer will be responsible for your attorneys fees.
Yes you need a lawyer to make sure you do not get a judgment against you. If you let that happen, then your rights are severely limited.
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