[grinwithin]

Someone fraudulently opened several Citibank accounts in my name. I kept reported them as fraud and reporting it to the CRA’s with no results.

I never heard anything until I was hit with a wage garnishment and I immediately contacted the courts, Citibank, and the lawyers who placed the illegal garnishment. (illegal because it was reported as a fraudulent account and illegal because I was never served by the court).

The judge pretty much railroaded me denying my appeal and said I should have appeared in court based on the intial summons. I told her I never signed for a summons and never knew about the court date. She had a signature card and it was my name, but not my signature. The judge said “too bad” and would not look at any of my documentation or even give me an opportunity to provide a signature sample to show cause.

This judge allowed the garnishment in the amount of $7,000 creating embarrassment, financial hardship, and the inaccurate CRA’s prevented a refinance of property to buy out the co-owner of a piece of property I owned.

I started fighting with Citibank full force and writing to every consumer group as well as the CRA's now that a false judement was on my report.

After seizing the entire balance, Citibank acknowledged their error in writing confirming the account was opened fraudulent. I spoke with the fraud department and requested refund of the seized assets.

They verbally promised a refund plus reasonable interest.

They only thing they did do is repair the CRA’s but after the damage was done. They keep promising verbally to refund the money, but it's been a year since they admitted their mistake and they still won't give it back.

I paid $750 to speak to an attorney and he was excited about the case but required a $5,000 up front to sue the credit card company for damages. I looked for another attorney, but no one works on contingency. It makes me wonder how "iron clad" the case if they won't take a percentage or add legal fees into the suit?

Is there any similar case I could refer to establishing precedence?

If I can find that, I am confident I can successfully represent myself in court and get back the money they illegally garnished.

[centex]

How long after discovering the fraud did you provide a police report to either Citi or the CRA's?

What form did the appeal take? Was it a Motion to Vacate, a Motion to Set Aside Garnishment or an appeal in accordance with the RAP in your jurisdiction?

As to fees, you have to understand that we don't work for free. No matter how iron-clad a case *might* seem, the reality is that most cases don't settle overnight, and while awaiting settlement and/or a docket date, we have bills of our own to be paying (to include those nuisances like office rent and staff expenses)...

[VexatiousLitigant]

Well you know his fee. Talk to some other lawyers and see what they say. If the only guy willing to take your case wants $5,000 up front and the others won't give you the time of day, that should tell you something.

$5,000 up front seems a little high to me though. I've put $1,000 to $2,500 in a retainer before.

Anyway, once you get 4-5 other lawyers opinions and fees you can do your cost-benefit analysis.

Taking what you say as true, I'd say you'd have a pretty high success rate on this case. Whatever you do, don't lie to your lawyer or leave out any details to make your claim seem better.

[spinn]

Originally Posted by centex

How long after discovering the fraud did you provide a police report to either Citi or the CRA's?

The OP did not mention filing a police report.

Until or unless they do that, and it may be too late, this is not identity theft.

It is no wonder Citi hasnt returned the money, currently they are under no obligation to do so.

[roybean]

I don't understand how the court said the OP signed for the summons and they have his signature?This must have been small claims court.

[centex]

Originally Posted by spinn

The OP did not mention filing a police report.

I was aware that there was no mention made...hence my attempt at being subtle.

[hannah]

Originally Posted by centex

...hence my attempt at being subtle.

Oh like you'd know how...

To the OP: Did you file a police report? If not, you need to do so ASAP.

[grinwithin]

Sorry for the delay in responding. I work 3 jobs and just have time to jump on line to research these issues and ask questions when I am on my lunch break from the day job.

To clarify:

Police reports were provided to Citibank in 2000 as well a a number of letters throughout the years informing them the account was not belonging to me and requesting validation of the debt. No validation was provided.

Throughout my conversations with Citi - there were multiple accounts opened in my name all with unsolicited offers of credit and a phone call - allegedly from me accepting the offer. They will not confirm this in writing, but I tend to memorialize every conversation and send a letter of confirmation.

I have a divider folder in 6 sections organizing documents, including letters I mailed to Citibank dating back to 1999 and copies of the police report filed in early 2000 (sent certified in 2000), letters sent to the CRA's, dating back to early 2000, all correspondence received from Citibank, and all of the court documents.

I never received any paperwork from any third party collection agency or attorney. The account was not on my CRA to my knowledge until the garnishment began in February 2005 - shortly after I decided to sell a piece of property and relocate.

As far as Citibank, they claim they know who made the fraudulent charges and how it was done. They sent unsolicited offers of credit to a former address and someone posing as me on the phone accepted the credit offers. Each of the three offers was my first name, but a different middle initial. They also claim they can't disclose any of the details surrounding that investigation or provide any tangible evidence relating to the theory.

The judgment itself was in Special Civil Part and the judge showed me a green certified return receipt slip where my name was forged. It was not my signature on the card, but it was my name being signed.

I understand that fees need to be paid - it just gets really frustrating to be faced daily that if you don't have the money or the financial resources, you have to be your own lawyer.

Thankfully, I am well organized and I'm not afraid of the work required.

I was really looking to see if someone has heard of a case file I could read specifically with an innappropriate seizure of assets and refund.

[hannah]

What state are you in?

[jlynn]

Her profile says New Jersey.

[hannah]

Originally Posted by jlynn

Her profile says New Jersey.

[Lucy]

The Judge should have compared signatures, sounds like she had already made up her mind and didn't want to hear anymore. That's a shame.

First off, I know nothing about how lawyers operate. I would try to find an attorney and ask if they would take so much down and let you pay them weekly and when your case is won (fingers xxx) you pay the balance in full. This may not even be something they do but hey, it's worth a try. Best of luck to you.