Defending Debt Lawsuits Caused by Identity Theft

Discovering that you are being sued for a credit card or fintech loan opened by an identity thief is an urgent legal emergency. You must act immediately to avoid a default judgment while presenting conclusive proof of fraud.

1. The Four Essential Fraud Documents

• FTC Identity Theft Report: File an official fraud report at IdentityTheft.gov and retain the official confirmation affidavit.
• Local Police Report: File an incident report with your local police department citing criminal identity theft.
• Signature Exemplars: If the creditor produced a signed paper application or electronic IP address log, provide bank signature cards and proof of residence demonstrating you did not authorize the account.
• Sworn Affidavit of Forgery: File a formal Affidavit of Forgery with the court as an exhibit to your Answer.

2. Seeking Attorney Fees & FCRA Counterclaims

Under the Fair Credit Reporting Act (15 U.S.C. § 1681s-2(b)), once a debt collector is notified that a debt arose from identity theft, continuing to litigate or report the account to credit bureaus triggers statutory damages, punitive damages, and mandatory attorney's fees.