Akron, OH asked in Contracts, Civil Litigation and Collections for Ohio

Q: Ohio sued for debt that isn’t mine. Stated that I was victim of mistaken identity or ID theft. P hasn’t responded to

Discovery requests but they sent paperwork to start an ID Theft investigation. I don’t even know that the debt exists & not comfortable giving them any information or attesting to a theft with no knowledge a theft occurred. I have already stated under oath that the debt is not mine since I know that to be true. Am I under any obligation to file a ID theft report at this point? The lawsuit was filed in December and case management hearing was in feb. Discovery is supposed to end in late May.

2 Lawyer Answers
Nicholas P. Weiss
Nicholas P. Weiss
Answered
  • Consumer Law Lawyer
  • Cleveland Heights, OH
  • Licensed in Ohio

A: There is really no downside to filing a theft report and it can only help your case. There is a debt on your name. You say that it's not yours. If it's not yours there are only two options: 1) The Creditor made a mistake or 2) your identity was stolen. In either case, it's in your interest to file the report.

If they are trying to collect on a debt that they know isn't yours, you could also potentially have counterclaims under both the Fair Credit Reporting Act (FCRA) and the Consumer Sales Practices Act (CSPA). Speak with an attorney in the area to see if you have any way to hit back at the creditor.

Bruce Alexander Minnick agrees with this answer

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Collections Lawyer
  • Tallahassee, FL

A: You are biting the hand that is trying to feed you a big piece of chocolate cake. If it is your position that the debt is not your debt, then you should be more than happy to help Ohio understand your position and agree with you--to get this issue resolved.

(Warning: Your being stubborn about this simple request to clear up this mistake is making it look like you are aware of something else about the debt--perhaps something you do not want anyone else to know--like whose debt it is?)

1 user found this answer helpful

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