Fight Identity Theft

I participated in many therft ID, I reported in my credit reports (not contested), and they have just updated and it didn't remove it. Well now, the company took me to court, unbeknownst to me, and try to garnish my check. I knew nothing of the hearing date, I have not received a subpoena or anything. I learned about it when they sent this letter to my house, just telling me they would be garnishing check for $ 3,900! Now they say I talk to the judge about its cancellation, and I have the burden of proving its not mine. They also asked why didn't I present myself to the court, and I told them because I didn't receive any information on a COURT DATE! I faced this kind of thing identity theft since I was 18, items were on my report as soon as my age of 15 !!!!!!! I'm just tired of this. They well not give me any information, tell me when the account was opened, which has opened or anything. They say it has already been tried. I need HELP !!!!!

Here's the problem you are on the face ....

When a collector is suing you, they can not even enter the court until you have been served with the summons or complaint.

The hardest part is to find you. Every state has laws on how differing in court papers are served. Some are very strict, while others, it is very easy for the creditor so serve.

Take for example, Washington. The process server may appear to address and give it to anyone age appropriate. He has not even be the person named in the subpoena, just give anyone!

So what happens if the address on the summons is not your residence address? You left, and it is the "last known address" they have. Well The process server was lazy and did not check. He got his money, you have served, and now you're in deep trouble.

On the other hand, in my state of Michigan, you must be served personally or by mail with acknowledgment of receipt /. If the process server can not find you, he must return to court and file a declaration stating that he had attempted "diligent" to locate you, and asks for a "method of alternative service". This usually means sticking to your door, or by sending it by regular mail. But the server must show the judge that he is "reasonably sure" that you live there, and supply some sort of evidence.

Sometimes, he announced in the newspaper will work. If it is later determined that the address they were wrong, the process server is going to get into a heap of trouble.

The point here is that you are now left with a battle. To get off canceled, you must first prove that the process server did not attempt to contact you, or in fact does not serve you correctly. If the judge finds that you have been notified, it will not even listen to any other argument. In many cases, it will strongly side with the process server, so you better have a very good point. His thoughts are that you've had the opportunity to be in court and argue your side, and you do not have it. You must now prove that you were not allowed this possibility.

Then you must show the judge that if a new trial took place, you have a good chance of winning. This means that you must prove you are innocent of these charges, and prove that you do not have the money. Yeah, it is difficult to prove a negative, but that's how the law is. The Burdon of proof is on you now.

For this reason, you may need to consult a lawyer to help you with this.

First, you need to do research on your own. Find out what the law says exactly the process for the service, and then go to the courthouse and obtain a copy of the file in your case. Look at the forms of process server has been filed.