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
  • 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

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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.