Identity theft debt
Being sued over a debt that is not yours?
Our firm successfully defends victims of identity theft against debt collectors. We can also clear your credit report of inaccurate debt that resulted from the theft of your identity.
- Nearly 20 yearsDefending identity theft victims
- We go on offenseClaims against the collector, not just a defense
- Free consultationNo obligation to hire the firm
How it happens
How a thief's debt lands on you.
- 1
Thieves run up debt in your name
They open accounts and spend, using the name and details of someone else.
- 2
Nobody pays, so the creditor looks for you
When the thieves don't pay, the creditor comes after the person whose name is on the account.
- 3
Late payments, letters or a lawsuit
The creditor reports missed payments on your credit report, then sends a collection letter or sues. Sometimes a summons is the first sign your identity was stolen.
What we do
We defend you, and then we go after the collector.
Getting sued or harassed for a debt that is not yours is extremely stressful. The good news is that in California you have rights against collectors of identity theft debt, and there are steps we can take to protect you.
A judgment that you are the victim
We file a complaint against the claimant, the alleged creditor or debt collector, asking the court to declare that you are a victim of identity theft.
A cleaner credit report
We seek an order to delete reports of identity theft debt from your credit report.
Damages, fees and costs
We also seek damages for your troubles, plus attorneys' fees and costs.
We have been defending identity theft victims for nearly twenty years. We have been successful in getting debts eliminated, credit reports cleaned and financial settlements for our clients.
The law
Three laws that work in your favor.
Our identity theft complaints can include claims under each of these.
California Identity Theft Act
Cal. Civil Code section 1798.93 lets you file an action against the debt collector for a judgment that you are the victim and do not owe the debt. You are also entitled to actual damages, plus attorneys' fees and costs.
Fair Debt Collection Practices Act
Our complaints also include claims for violations of this federal law by collectors.
Fair Credit Reporting Act
If your credit score has been damaged, we add a claim for violation of this law.
Under certain circumstances you can also claim punitive damages of $30,000. As a practical matter, this more typically provides leverage in settlement discussions.
What clients say
Rose Consumer Law is one of the finest law firms I have ever encountered. Attorney William Rose is extremely knowledgeable, he is responsive to urgent matters, and he goes above and beyond to help people resolve their problems successfully.
Related help
Not identity theft? Other ways it goes wrong.
You have rights. We can help you enforce them.
Call now and ask for Attorney William Rose. The consultation is free, with no obligation.