Please help wrong identity...!!!??

Discussion in 'Credit Talk' started by warchant7, Dec 8, 2003.

  1. warchant7

    warchant7 Well-Known Member

    My girlfriend just got served notice to appear in Texas for deliquent property tax. Problem is she has never been to Texas. A law firm there got her ss# and every bit of known information about her. They apologized after we called, but said they had every right to do that. I asked what signed document they had to authorize pulling all that information and serving her. They said none. She has a unique first name and they must have took a chance. Now we have called her accounts and put them on notice for identity fraud. Is this legal? I need to respond in writing within 20 days to dismiss charges...Any advice would help. They recited her whole life history to her and she got a little freaked out!! THANKS IN ADVANCE
     
  2. GEORGE

    GEORGE Well-Known Member

    I would send a $1,000 NO PP LETTER

    You can pay me now or I will see you in SMALL CLAIMS COURT...

    "YOU" GET HOME COURT ADVANTAGE...THEY DON'T

    WON'T HURT TO TRY
     
  3. dixidriftr

    dixidriftr Well-Known Member

    I think she should retain an attorney in TX to fight the suit.

    If it turns out the CA sued the wrong person, its entirely possible that they would have to pay her costs.

    Regardless its important that you answer the court or else you will get a default judgment.
     
  4. warchant7

    warchant7 Well-Known Member

    The collection agency is a law firm for the State of Texas. Of course I am going to respond...but I am trying to figure out what law they broke, and my response format....
     
  5. GEORGE

    GEORGE Well-Known Member

    They had no PP because you applied for no CREDIT CARD or LOAN with them...

    THAT IS ALL YOU SHOULD NEED...

    YOU GAVE NO PERMISSION TO PULL...EXPRESSED OR IMPLIED!!!

    I DON'T CARE IF THEY WORK FOR THE STATE OF TEXAS...THEY DON'T HAVE PP
     
  6. lbrown59

    lbrown59 Well-Known Member

    ANOTHER VERY GOOD REASON TO OUTLAW DEFAULT JUDGMENTS.
     
  7. lbrown59

    lbrown59 Well-Known Member

    Here is a twist suppose she don't answer the summons and they get a default judgment.
    How are they gonna forclose on a house in Tx.that she don't own?

    Also what a shock to the real home owner in Tx when they take their house because some else got hit with a default judgment .
     
  8. warchant7

    warchant7 Well-Known Member

    I sent the nasty response back today asking what signed papers and auth. they had etc., to pull her cr and pers info. I gave them 15 days to respond with procedures they used. If not they were told a lawsuit will begin! Oh and also told them we wont be in Texas any time soon to answer them in court.
     
  9. lbrown59

    lbrown59 Well-Known Member

    Oh and also told them we wont be in Texas any time soon to answer them in court.
    ]]]]]]]]]]]]]]]]]]][[[[[[[[[[[[[[[[[[What are you trying to do get a default judgment against you >>>>>>>>>????????????
     
  10. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Please help wrong identity...!!!??

     
  11. warchant7

    warchant7 Well-Known Member

    I was required to respond in writing my answer in 20 days of my intention. Also called the court in that county, and they said the same. They already admitted the mistake and are sending paperwork dropping any charges against us. I still sent demand letter asking what autherization they had to pull all pers. info. etc. and to tell them they have wrong person....Dont think I wont be calling to make sure courts have stopped the case..... If they still pursue a case against the wrong person, She will be rich after I am through with them.
     
  12. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Please help wrong identity...!!!??

    How far from texas are you how did they ever make such a blunder?
     
  13. Hedwig

    Hedwig Well-Known Member

    Re: Re: Please help wrong identity.

    I think I'd talk to an attorney. It looks like there's more to this than no permissible purpose for a credit report. If they "recited her whole life history to her" it sounds like they have more than just a credit report.

    As a side note, government agencies (including state governments) often have more rights to your information. I don't know about this situation. But it's similar to student loans, where they don't need to sue you to get judgments. They may not need a "permissible purpose" as a creditor to get access to this information.
     
  14. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: Please help wrong identity...!!!??

    PS: they should have noticed that the SS# associated with the property and the Tax documents was not the same as the SS# of
    the person they sued.
    Since they sued someone out of state who the He** did they think was in the house they were trying to collect the tax on?
    - -- ------ ===
    What a bunch of Idiots! Musta been some of Bushes Ranch Hands.
     
  15. Hedwig

    Hedwig Well-Known Member

    Re: Re: Re: Please help wrong ident

    Remember that the owners don't necessarily live there. For years I owned a house in another state. It was rented out, but I was responsible for the taxes, etc. So if there was a tax delinquency, they would have had to have sued me from halfway across the country.

    No reason for them to believe that just because it was a different state, she didn't own the house.

    The owner is the responsible person, not the occupant.
     
  16. warchant7

    warchant7 Well-Known Member

    Re: Re: Re: Please help wrong ident

    We live in south Florida. My girlfriend has a unique first name, so they said they took a chance and served her!!! Thats what I am so peaved about. She has never even been to Texas. They told me they were a law firm and allowed to pull any information they wanted to. I then asked the girl(at law office) what written document they had that she signed(my girlfriend), that gave them permission to do this. There was silence for about 10 seconds and then she said none. You guys are right, it is a bunch of bull. They had no right to do any of this mess.
     
  17. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: Re: Please help wrong ident

    PS: they should have noticed that the SS# associated with the property and the Tax documents was not the same as the SS# of
    the person they sued.

    True but they could have started with this rather thean suing someone else 900 states away in Fla.
    **It would have been a simple matter to check out if the occupant was the owner of the property or not but no they chose to sue some stranger in a far away state instead.
    *Neither is some stranger in Fl.
     
  18. GEORGE

    GEORGE Well-Known Member

    Re: Re: Re: Re: Please help wrong ident

    I WOULD ASK FOR $1,000 FOR THE HASSLE AND NO PP AND YOU WILL GO AWAY...
     
  19. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: Re: Re: Please help wrong ident

    Since they can't find the owner they probably can't find the property cause they think it's in some drainage ditch.
     
  20. GEORGE

    GEORGE Well-Known Member

    Re: Re: Re: Re: Re: Re: Please help wrong ident

    MY HOUSE WAS IN THE DRAINAGE DITCH BECAUSE FLEET MADE ME MOVE...

    ...THE COUNTY MADE FLEET MOVE IT BACK AT THEIR EXPENSE!!!
     

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