[spinn]

There has to be something wrong with a JDB continuing to collect on an account that they know is the result of identity theft.

I sent them a copy of the Police Report along with an afidavitt stating I was the victim of ID theft almost two years ago. They have assigned the account to an even slimier CA who refused to validate it and now seem to of taken the account back.

I just find it hard to believe there is no law out there that says they can not sell (or collect on) what is essentially stolen property.

I am concerned they will try to levy my bank account. These people are beyond belief. They will apparently do anything to get what is a small amount of money.

So what laws are they violating?

I think we need to think outside of the civil arena....this has to be a crime.

[pandmel]

Originally Posted by spinn

I think we need to think outside of the civil arena....this has to be a crime.

I think this would fall under extortion, wire fraud and mail fraud. I would file a police report if it is genuinely a case of stolen identity and you have provided them with proof of such. This would be a situation to get an attorney involved immediately. This is the exact reason the FDCPA was drafted, this goes beyond statutory violations.


Pandmel

[JayinGR]

I think extortion for sure. I used this as an argument in my one state lawsuit.. The judge actually agreed.. I would think it would fit to the situation

[centex]

Spend a little time poring over the penal code in your jurisdiction and figure out what applies. Then mosey over to the DA's office and speak with an ADA. If a solid case can be made, they could then present it to the Grand Jury.

After that meeting, if they want a police report to accompany the filing, you then have the name of an ADA to have attached to the report, which helps to ensure it does not get lost in the shuffle.

One other question that may come up is whether the OC has ever been provided the copy of the report.

[spinn]

Pandmel do you mean file a second Police report?

I filed the one for identity theft a little over 2 years ago and notified the JDB about two months after that.

The only problem is that, while I have the green card from my mailing to them, the actual letter was lost when my hard drive crashed. I admit I made a mistake in not printing it out.

Centex both the OC and the collection agency went bankrupt years ago. The JDB is still around though. I think some very bad things were done to me. I guess I should consider myself lucky that only two credit cards were applied for in my name.

I also believe this is tax evasion because I know the JDB will not be forwarding any monies they might take from me to the IRS. Because the companies are bankrupt, I would assume they owe money to the IRS as well as other creditors.

[pandmel]

Originally Posted by spinn

Pandmel do you mean file a second Police report?

I mean filing a police report against the JDB, but I would follow Centex's advice and consult with your local District Attorney's office and let them inform you of what process to take.