Expert: Creditwrench - 6/10/2008

Question
I would sincerely appreciate any help you could provide...please bare with me... I live in New Jersey. I'm a victim of ID theft. I found out in 2005 when I ordered my credit report. Over the last three years I've been battling collection agencies- I got most of the charges dismissed! Now I am dealing with Asset Acceptance... Now, they are trying to collect on an MBNA account that was "charged off" in February 2001. Asset is listed on my credit report as opening this account in 05/2002. They applied for the wage execution the first time 12/12/2005.  Since I never received any letters/ summons to appear in court/ NOTHING –They "won" the wage execution (according to the notice I received in October 2006 from my place of employment) on June 1, 2006 and it went into effect in October 2006 and began garnishing my wages. I had written them letters in 2005 and 2006 (not certified mail) to validate the debt and they never responded..  When I found out about the wage execution (my store manager gave me the notice in October 2006) tt was four months after they won the judgement and when I called the court they said I couldn't do anything, so I just accepted it. I began researching on the internet and found out they totally messed me up by not responding/validating the debt, etc.. I sent them a packet of dispute including my credit report, id theft affidavits in 2005, etc. I called the court on May 28, 2008 to ask what is going on. The clerk told me the refiled for another wage execution on May 9, 2008!
I filed for it all - motion to vacate, and answer, motion to stop wage execution, etc. They don't have ANY documentation that this was me who opened the account, because it wasn't!! I haven't heard back from them regarding my dispute, but I'm worried. The not-knowing is killing me. Is there a chance they will back down without dragging me to court?? Is the SOL past on this debt? I sent them Id Theft forms I filled out online, a letter I wrote to my college campus police (since the theft most likely occurred while I was a college student, all the dates of the charges date back to when I was in college) and sent them copies of complaints to various agencies – Attorney General, BBB, ACA, FTC, etc.
Any advice at all you could give me? I am prepared to go to court but I can’t afford a lawyer, I could only pay 200 at best for a lawyer.
Any help you could give me would be greatly appreciated!

Answer
About all I can tell you is that you have an extremely mean problem to fight and $200 isn't enough to even begin to get someone to help you fight who has the knowledge and expertise to attempt to help you. Your problem is trying to prove a negative when they have positive information that you are the proper person even if the information is wrong. Then you got the judgment against you to make matters even tougher.

You might very well win but it will be a very tough row to hoe.

Bill Bauer
405-684-9297
405-227-9423

RECOMMENDED READING:
www.creditwrench.com/howjudgmentswork.html
www.creditwrench.com/18questions.html
www.creditwrench.com/Howtodefeatdebtcollectors

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You might also want to visit our message forum at http://consumers.creditwrench.com to get answers to questions you need answered before next Friday night.

If you live within driving distance of Oklahoma City you can also come to our monthly meeting of the Oklahoma City Chapter of Jurisdictionary meetings. They are held on the 2nd Thursday of each month at Coit's Root Beer Stand which is located on the corner of SW 24th & Western Ave in Oklahoma City. The meetings start promptly at 7:00 P.M. and last for 2 hours. Attendees usually arrive about half an hour early so they can enjoy a good meal at Coit's Root Beer Stand. The meetings are free and open to the public and we can discuss your problems as well if you like.

We are going to start holding mock trials so that you can learn some court room procedures.
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