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California Summons in Identity Theft case
10 years back, my wife's identify was stolen. Sometime in 2001, someone using her identify bought a car in different state from where we reside. A month back reading about all the validation letters on this forum, I fired one off for this collection agency. They sent some form with supposedly my wife's signature on car purchase. At the same time they filed complaint with court for which I received the summons today. Heck, even the name on debt is mangled.
They are claiming the following
1) Breach of Contract: they say person bought car, then didn't make payments. which they then repossessed.
2) Reasonable value: they state the value.
3) Account stated: they are restating the account and its value
4) Indebtedness: same thing about owning money
Only purchase agreement is attached with wrong name [address out of state] and supposedly her signature.
I have quite a bit of proof about her identity theft. Also it clearly is out of statue for california [4 years] although in Account stated they are claiming that someone the defendent agreed to the debt. So what do I do now? Are there any resources/books?
Do I ask for discovery? Or Motion for more information? Or Motion to Dismiss? Please help
Thanks
KSMAIL
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